November 22,1971

Honorable Ned Granger **county Attorney**  Travis County Courthouse Austin, Texas

Dear Mr. Granger: Opinion No. **M-1000**
Re: Questions involving interpretations of Article 5447, Vernon's Civil Statutes, as amended, requiring abstract of judgments to show birthdate and driver' license number of the Defendant, if available to the Clerk of the Court, and related questions.
Your opinion request to this office concerning the above questions is restated as follows: 1. **Article 5447,**  Vernon's Civil Statutes, as last amended,* provides in pertinent part that an abstract of judgment shall show "(2)Thebirthdate and driver's license number of the defendant if available to the Clerk of the Court." Your spedific questions in this regard are, (a) to what extent should the Clerk attempt to ascertain the birthdate and the driver's license number of the defendant, and (b) if the information is not available, should **that** factbe certified? **2.** Article 5447 furtherprovides in pertinent part that the abstract **of** judgment shall show "(4)The defendant's address if shown in the suit inwhich the judgment is rendered, and, if not, the nature of the citation and the date and place citation is selved." You ask in this regard: (a)what is meant by "nature of citation", (b) if the defendant is served by serving a

***Acts** 62nd Leg., R.S., 1971, H.B. 967, Ch. 768. p. 2419

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### XonorableNedOranger,page 2 (M-1000)

**registered** agent, shall the 

### abstractof judgmentgive **the** 

### address of the registeredagentif the addressof thedefendantdoes not appear, (c)is it sufficientfor 

### the abstractof 

### judgment to recitethe countyinwhich the citationis servedor must the streetaddressalso 

### be given, and (d)ifthepleadingsciteone addressand **the** 

### citationcitesanother,whichaddress shall **be** 

### used in theabetract**of** 

### judgment? **In** Texas, no lien is created by the rendition of a judgment: the creation of a judgment lien depends entirelyupon compliance with Texas statutes. Gullett Gin Company v. Oliver, 78 Tex. 102, 14 S.W. 451 (1890);Cheatham v. Mann, 133 S.W.2d 264 (Tex.Civ. App., 1939). Fixing of judgment lien is strictly construed under Article 5447 regulating abstracts of judgment. American Petroleum Exchange, Inc. v. Lord, 399 S.W.2nd 213 (Tex.Civ.App.,1969, error ref., n.r.e. Following the strict construction given to this statute 

### by the **above authorities**  and the 

### apparentintentof the Legislature in adding **these** provisions by recent amendmentto this Atii,cle, we answer

### yourquestion as follows: 1. The wording of **the** statute ismandatory and if the informationconcerning **the** birthdate and thedefendant's driver's license number is available through 

### any reasonable 

### source, it must be securedby the Clerk and it 

### shouldappear in the abstract **of** judgment) if 

### suchinformation is not reasonably available, then the abstract of judgment should so recite. **2.** The abstract of judgment must showthe defendant's address if it appears in any papers on **file in**  the suit inwhich judgment is rendered.

(a) If the defendant's name isnot so shown, then the abstract 

### of judgment 

### must showinwhat way, manner or means and **the** date defendantwas cited to appear, and the place where citationwas made, **if** citationwas made on defendant inperson or upon a registered agent.Honorable Wed Granger, page 3 (M-1000)

(b)Where the address of the defendant is not available to the Clerk in preparation of the abstract of judgment the place must be shownwhere citation is served.
A "place" is an open space, or square, in city or town: a street, an area, a court, a private residence, a terrace. 32AWords and Phrases 111; also, Websters Third New International Dictionary, p. 1727. Under this definition of "place" it is apparent that the abstract of judgment, where the defendant's address is not available, should show thebest address availablewhere citation is served. Where the pleadings and the citation show two different addresses of defendant, Article 5447(4) requires **the** abstract of judgment to show the defendant's address if shown in the suit (pleadings).
SUMMARY If the information concerning thebirth date and the defendant's driver's license number is available through any reasonable source, it must be secured by the Clerk and be included in the contents of an abstract of judgment: if such information is not reasonably available, then the abstract of judgment should so recite.

-4880-**lionorable** Ned Granqer, page 4 

### (M-1000)

The abstract **of** judgment must show the defendant's address if it appears **in** any papers on file in the suit inwhich judgment is rendered. If the defendant's address is not so shown then the abstract must show the way, manner, and means defendant was cited to appear, together **with** the date of citation. **If** citation ismade upon a registered agent for defendant the place where citationwas served shouldbe shown.

Prepared by Sam L. Jones Assistant Attorney General
APPROVRD: OPINION COMMITTEE
Kerns Taylor, Chairman W. E. Allen, Co-Chairman Mel corley Jack Sparks Robert Lemens Gordon Cass SAM MCDANIEL Staff Legal Assistant
ALFRED WALKER Executive Assistant General of Texas

NOLA WHITE **First** Assistant

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