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What is an Abstract of Judgment? A Comprehensive Legal Guide
Definition & Meaning
An abstract of judgment is a formal document that summarizes a court's decision regarding a legal dispute. It outlines the monetary award granted to the winning party in a lawsuit and includes details such as the interest rate applicable to the judgment amount, any court costs, and specific directives for the losing party. This document is a public record and establishes a lien on any real estate owned by the losing party in the county where it is filed.
Table of content
Legal Use & context
Abstracts of judgment are commonly used in civil law, particularly in cases involving monetary disputes. They serve as a tool for the winning party to enforce a court's decision and collect the awarded amount. Individuals or their representatives, such as attorneys or agents, can apply for an abstract of judgment to facilitate the collection process. Users can manage this process with the help of legal templates available through services like US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: If a plaintiff wins a lawsuit for $10,000 against a defendant, they can request an abstract of judgment to officially document the award. This document can then be used to place a lien on the defendant's property.
Example 2: A small claims court ruling in favor of a claimant for unpaid debts can lead to the issuance of an abstract of judgment, allowing the claimant to pursue collection actions against the defendant's assets.
Relevant laws & statutes
In Texas, the issuance of an abstract of judgment is governed by the Texas Property Code § 52.002. This statute outlines the process for applying for an abstract and the responsibilities of the judge or court clerk in preparing and certifying the document.
State-by-state differences
State
Issuance Process
Fees
Texas
Issued by the judge or court clerk upon application.
Fee required as per state law.
California
Similar process; requires a request from the judgment creditor.
Varies by county.
New York
Requires filing with the county clerk after a judgment.
Standard filing fees apply.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Judgment
The official decision made by a court in a legal case.
An abstract is a summary of the judgment, not the judgment itself.
Liens
A legal right or interest that a lender has in the borrower's property.
An abstract creates a lien on real estate, while liens can arise from various sources.
Common misunderstandings
What to do if this term applies to you
If you have received a judgment in your favor, consider applying for an abstract of judgment to secure your rights to collect the awarded amount. You can do this by filing an application with the appropriate court. Using legal form templates from US Legal Forms can simplify this process. If your situation is complex or involves significant amounts, consulting a legal professional is advisable.
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