The Honorable Tom 

Criminal District 

Jefferson County 

P. 0. Box 2553 

July 5, 1976 

Hanna 

Attorney. 

Opinion No. H-843 

Re: Abstracts of Judgments 

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.jutigments in 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,ed by 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 therefore, shall make out, certify under his hand 

and official seal, and deliver to such applicant 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, 

3~6 S.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 nonexempt 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, 

APPROVED: 

Attorney General of Texas 

DAVID . , rs ssis an 

Opinion Committee 

,jwb 

p. 3557