Expiration of an Abstract Judgement

Asked over 5 years ago - Dallas, TX

In a response to the 10 year judgement period, it was not made clear as to whether or not the judgement can still be enforced after the 10 year period has expired and no renewal has occurred since the judgement was ordered.
Is the judgement still valid or not? How is an expired judgement renewed if its expired?

Additional information

Judgement rendered in 1994; Contractor that filed suit is now defunct (don't know for how long, cannot locate in county records). It has now been determined that the defendant's answer to the lawsuit was never acknowledged/recorded in th JP court and a motion to set aside was ignored also. What should happen to resolve such a tangled web at this late date(2009)????

Attorney answers (2)

  1. John Hatchett McFarland

    Contributor Level 8

    Answered . Generally, a judgment lapses if no efforts to collect the judgment are made within a ten-year period. So if you get the court to issue a writ of execution and have the constable or marshal attempt to execute it in the county of judgment, and it comes back "no assets," then the judgment will be renewed for another ten years. If those efforts are not made, the judgment lapses and any lien based on the judgment is void.

  2. Jonathan Blake Randolph

    Contributor Level 10

    Answered . You need to consult an attorney. Generally, I know of at least one way to revive a dormant judgment but it is time sensitive and fact specific.

    I have more questions than answers. What post judgment devices did you use to attempt to collect the judgment (ie writ of execution, etc.)? When?

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