July 5, 1976
The Honorable Tom Hanna Opinion No. H-843
Criminal District Attorney.
Jefferson County Re: Abstracts of Judgments
P. 0. Box 2553 rendered in tax suits
Beaumont, Texas 77704
Dear Mr. Hanna:
You have asked several questions about the effect of
abstracting judgments obtained in tax suits:
(1) Should the District Clerk of Jefferson
County issue abstracts of.jutigmentsin tax
suits?
(2) Does the abstract of judgment affect
only the real estate subject'to the tax
suit and would an order of sale, generally
issued after 30 days, negate the abstract
of judgment, thereby making the issuance
of said abstract superfluous?
(3) Would the abstract of judgment create
a cloud or lien on other real properties
own,edby the Defendant in the tax suit,
and, if so, would the District Clerk's office
be subject to litigation,for damages because
of its position as issuing authority?
Article 5447, V.T.C.S., specifies:
Each clerk of a court, when the person in
whose.favor a judgment was rendered, his
agent, attorney or assignee, applies there-
fore, shall make out, certify under his hand
and official seal, and deliver to such appli-
cant upon the payment of the fee allowed by law,
an abstract of such judgment showing:
p. 3554
The Honorable Tom Hanna - page 2 (H-843)
(1) The names of the plaintiff and of the
defendant in such judgment;
(2) The birthdate and driver's license
number of the defendant . . .
. . .
(6) The amount for which the judgment
was rendered and balance due thereon . . .
. . .
A certificate of the proper officer, whatever its form,
which shows the essential facts required by the appropriate
statute constitutes an "abstract of judgment." Gullett -Gin
.Co.
-- v. Oliver, 14 S.W. 451 (Tex. Sup. 1890).
By article 5448, V.T.C.S.,'the County Clerk is required
to record and index abstracts of judgments. Article 5449,
V'.T.C.S.provides:
When any judgment has been so recorded and
indexed . . . it shall . . . operate as a
lien upon all the real estate of the defendant
situated in the county where such record and
index are made, and upon all real estate
which the defendant may thereafter adquire,
situated in said county . . . .
Thus, a properly recorded and indexed abstract of a
judgment against a defendant establishes a judgment lien
upon all non-exempt real estate of the defendant in the
county, including property later acquired. Baker v. West,
3~6S.W.Zd 695 (TeX. Sup. 1931); Richey v. Mos4TS.W. 172
(Tex. Sup. 1923); Cheewick v. Weaver, 2m -2d 942 (Tex.
Civ. App. -- Beaumont 195S,yrref'd n.r.e.); --
Blum v. Keyser,
28 S.W. 561 (Tex. Civ. App. -- 1894, no writ).
Real estate ordered sold to satisfy a judgment in a tax
lien foreclosure suit might sell for an amount less than the
judgment, but if the judgment is also a personal judgment
against the defendant, the personal liability of the judgment
p. 3555
The Honorable Tom Hanna - page 3 (H-943)
debtor remains for the balance. Shugar: 5 Nocona Inde endent
School District, 289 S.W.2d 243 (Tex. Civ. App. -- @T2imi
mno writ); Watts v. Cit of El Paso, 183 S.W.Zd 249
(Tex. Civ. App. q %&o-4 4G GFitref'a w.0.m.); Slum v.
Keyser, supra; V.T.C.S. arts. 7345b, 732Sa, 7328.1.
In answer to your first question, the clerk is required
by statute upon request of the successful plaintiff to
issue an ab6tract of judgment in tax suits which result in
a personal judgment against a defendant. The answer to your
second question is~that a~judgment lien extends to all non-
exempt real estate of the defendant in the county, and if
a personal judgment resulting from the tax suit is not satisfied
by a tax lien foreclosure sale of the real estate subject to
the tax, the issuance of the abstract of judgment to establish
the judgment lien for the balance still due ,is not superfluous.
Your third question is whether the abstract of judgment
creates a cloud or lien on other real property owned by a
defendant in a tax suit. Insofar as non-exempt property is
concerned, the answer is yes , until the judgment is satisfied.
V.T.C.S. art. 5449. Judgment liens do not cloud exempt
property. See Richey --
v. Moor, supra.
The other part of your third question is whether the
issuance of an abstract of judgment would subject the
,.,District Clerk to litigation for damages. The clerk can
incur no personal liability for issuing an abstract of
judgment in a proper case. He is commanded by the statute
t0 a0 it. V.T.C.S. art. 5447. -See 47 Tex. Jur. 2d, Public
.Officers 9 130, et seq.
SUMMARY
The abstract of a personal judgment
rendered against a defendant by a
court in a tax suit should be issued
as article 5447, V.T.C.S. directs,
even though the judgment additionally
forecloses a tax lien on particular
property. When recorded and indexed,
p. 3556
I .-
The Honorable Tom Iianna- page 4 (H-843)
the abstract of an in
judgment creates a men==TF
aga nst all
non-exempt real property of the defendant
located in the county. The Clerk incurs'
no personal liability for issuing an
abstract of judgment in a proper case.
@ry truly yours,
Attorney General of Texas
APPROVED:
DAVID . , rs ssis an
Opinion Committee
,jwb
p. 3557