Mechanism 19
Abstract, writ, and the constable
How do I actually collect a Texas judgment once I have it?
Abstract the judgment and record it in every county where the debtor owns anything — that creates a judgment lien on the debtor's nonexempt real property under Tex. Prop. Code § 52.001 — then have the writ of execution issued and delivered to the constable. In Aramcor v. Tri Marsh Retail LLC the defendant neither appealed nor paid until a constable arrived with a writ to levy on the shopping center.
By John P. Henry · Tex. Prop. Code § 52.001; Tex. R. Civ. P. 621, 627 · Reviewed 2026-08-02
The authority
A first or subsequent abstract of judgment, when it is recorded and indexed in accordance with this chapter … constitutes a lien on and attaches to any real property of the defendant … located in the county in which the abstract is recorded and indexed. — Tex. Prop. Code § 52.001Tex. Prop. Code § 52.001; Tex. R. Civ. P. 621, 627
Tex. Prop. Code § 52.001; Tex. R. Civ. P. 621, 627
When it applies
Every unsatisfied judgment. It is the least glamorous mechanism on this list and the one most often skipped, which is why judgments sit uncollected while the debtor refinances property the creditor could have encumbered.
How it is proved up
- Abstract immediately and record in every county of ownership — not only the county of suit. The lien is county by county.
- Index correctly. An abstract that is recorded but not properly indexed may not create the lien.
- Keep the judgment alive: issue a writ within the period that prevents dormancy under Tex. Civ. Prac. & Rem. Code § 34.001.
- Identify leviable property before the writ issues, so the constable has somewhere to go.
- Pair with post-judgment discovery, and escalate to turnover if the property cannot be reached by ordinary process.
What defeats it
- The homestead and other exempt property, which the lien does not attach to.
- Prior liens with priority.
- Dormancy, if no writ issues within the statutory period, though the judgment may be revived.
- Bankruptcy, and the preference window on liens perfected shortly before filing.
Where I have used it
Aramcor v. Tri Marsh — the defendant did not appeal, and did not pay, until a constable arrived with a writ of execution to levy on the shopping center.
Questions
How long does a Texas judgment lien last?
An abstract of judgment recorded and indexed generally creates a lien that continues for ten years from the date of recording and indexing, subject to the judgment not becoming dormant.
When does a Texas judgment become dormant?
Under Tex. Civ. Prac. & Rem. Code § 34.001, if no writ of execution is issued within the statutory period after rendition, the judgment becomes dormant and execution may not issue unless it is revived.
Does a judgment lien attach to a Texas homestead?
No. The homestead is exempt, and a judgment lien does not attach to it — though the abstract can still create title complications that are resolved when the property is sold.