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)The birthdate 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 fact be certified? 

2. Article 5447 further provides in pertinent part that the 

abstract of judgment shall show "(4)The defendant's address if 

shown in the suit in which 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 

-4878- 
Xonorable Ned Oranger, page 2 (M-1000) 

registered agent, shall the abstract of judgment give the address 

of the registered agent if the address of the defendant does 

not appear, (c) is it sufficient for the abstract of judgment 

to recite the county in which the citation is served or must the 

street address also be given , and (d) if the pleadings cite one 

address and the citation cites another, which address shall be 

used in the abetract of judgment? 

In Texas, no lien is created by the rendition of a judgment: 

the creation of a judgment lien depends entirely upon 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 apparent intent of the Legislature 

in adding these provisions by recent amendment to this Atii,cle, 

we answer your question as follows: 

1. The wording of the statute is mandatory and if the 

information concerning the birthdate and the defendant's driver's 

license number is available through any reasonable source, it 

must be secured by the Clerk and it should appear in the abstract 

of judgment) if such information is not reasonably available, 

then the abstract of judgment should so recite. 

2. The abstract of judgment must show the defendant's 

address if it appears in any papers on file in the suit in which 

judgment is rendered. 

(a) If the defendant's name is not so shown, 

then the abstract of judgment must show in what way, 

manner or means and the date defendant was cited to 

appear, and the place where citation was made, if 

citation was made on defendant in person 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 shown where 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. 32A Words 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 the best 

address available where 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 the birth 

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. 

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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 in which 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 is made upon a registered agent for 

defendant the place where citation was served 

should be 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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