Civil Post Trial Information

Abstracts

An abstract of judgment is a document that contains pertinent information contained in the judgment, such as the judgment amount, the date the judgment was rendered, and the identifying parties. The District Clerks office or the attorney prepares this document, and when filed with the County Clerks office places a lien on the defendant’s real property. This judgment lien continues for 10 years after the date of recording, and must be renewed afterwards to continue on. The fee to request this abstract is $8 per abstract, and the request form is located on the District Clerks website. You may purchase as many abstracts as needed, and one must be filed in each county in which there is real property.

Executions

A Writ of Execution is a process issued by the District Clerk, which orders the Sheriff to collect a judgment against a defendant. The sheriff collects either money or sells property belonging to the defendant for as much of the judgment as possible. The execution is returnable in up to 90 days, and only one execution can be issued at a time. If after 90 days, the judgment is not paid, another can be requested. An execution can only be issued after 30 days of a final judgment, and cannot be issued if there is a bankruptcy in progress. There are several types of executions such as one for money, possession, sale of a particular property, delivery of certain property, and possession of certain property. The cost for an execution is $8, and the request for this can also be found on the District Clerk’s website. Once the Execution is prepared, it is forwarded to the requesting party, who in turn coordinates with the Sheriff or Constables office in getting it served. If an execution is not issued within 10 years of the previous one, it goes dormant and cannot be reissued unless renewed by the Court.

Order of Sale

Judgments for the foreclosure of mortgages and other liens shall be that the plaintiff recover his debt, damages and costs, with a foreclosure of the plaintiff's lien on the property subject thereto, and, except in judgments against executors, administrators and guardians, that an order of sale shall issue to any sheriff or any constable within the State of Texas, directing him to seize and sell the same as under execution, in satisfaction of the judgment; and, if the property cannot be found, or if the proceeds of such sale be insufficient to satisfy the judgment, then to make the money or any balance thereof remaining unpaid, out of any other prop­erty of the defendant, as in case of ordinary executions.