JIM MATTOX 

Attorney General 

Supreme Court Building 

P. 0. BOX 1254a 

Austin, TX. 78711. 2548 

5121475-2501 

Telex 9101874-1367 

Telecopier 5121475.0266 

714 Jackson, Suite 700 

Dallas. TX. 75202-4506 

2141742.8944 

4824 AlbeRa Ave.. Suite 164 

El Paso. TX. 799052793 

9 1515353484 

1 Texas. Suite 700 

I .s,us,on. TX. 77002.3111 

71312255886 

808 Broadway, Suite 312 

Lubbock. TX. 79401-3479 

60w747.5238 

4309 N. Tenth, Suite S 

McAllen. TX. 78501.16R5 

5121682.4547 

200 Main Plaza. Suite 03 

San Antonio. TX. 78205-2797 

512l225.4191 

An Equal Opportunilyl 

Affirmative Action EPplovCThe Attorwy General of Texas 

N,rrember 2. 1984 

Eonorable James W. Smith. Jr. 

Prio County Attorney 

P. 0. Box V 

Pearsall, Texas 7 3061 

Opinion No. JM-224 

Be: Whether section 52.004 of 

the Property Code dispenses with 

the requirement of article 5448. 

V.T.C.S., that each county clerk 

shall keep a separate judgment 

record and shall immediately file 

and record all properly authenticated abstracts of judgment 

Dear Mr. Smith: 

You have asked whether a county clerk is still required to 

maintain a separate judgment records index for recording abstracts of 

judgment which establish a judgment lien. You have stated that it is 

the practice in ona! county not to maintain separate judgment records 

but to record judga:ent abstracts in the real property records of that 

county. You ask wh#sther a judgment lien will be established if the 

abstract of judgment is filed in the real property records. 

It is our opinion that, under the newly enacted Property Code, 

the county clerk is required to maintain a separate set of judgment 

records, with the appropriate indexing, for the recording of all 

abstracts of judgment which nay be filed in his office. 

Before the enactment of the Property Code, the county clerk was 

required by statute to keep a "well bound book" for the filing of 

abstracts of judgmsent. V.T.C.S. art. 5448 (repealed). The new 

provision in the Prlaperty Code does not require a separate book but 

requires only that the clerk file an abstract of judgment in the 

"county judgment records," which may be a separate book as required by 

article 6601, V.T,C.S., or in the real property records, if the 

provisions of article 1941(a) have been adopted. 

With regard to the recording and indexing of abstracts, section 

52.004 of the Property Code provides: 

(a) 'Ihe county clerk shall immediately record 

in the county judgment records each properly 

authenticated abstract of judgment that is 

p. 1004 
Honorable James U. Smith, Jr. - Page 2 (JIG224) 

presented for recording. The clerk shall note in 

the records the date and hour an abstract of 

judgment is received. 

(b) At the sane time an abstract is recorded, 

the county clerk :rhall .enter the abstract on the 

alphabetical index to the judgment records, 

showing: 

(1) the na~ne of each plaintiff In the 

judgment ; 

(2) the nana of each defendant in the 

judgment; and 

(3) the nunber of the page in the records 

in which the abstract is recorded. 

(c) The clerk shall leave a space at the foot 

of each recorded abstract for the entry of credits 

on or satisfactior of the judgment and shall make 

those entries when credits are properly shown. 

Article 6601. V.T.C.S., provi,des: 

All deeds of trust. mortgages or judgments 

which are requirEEd to be recorded in order to 

create a judgment lien, or other instruments of 

writing intended to create a lien, shall be 

recorded in a book or books separate from those in 

-- 

which deeds or other conveyances are recorded. 

(Emphasis added). - 

Thus, except where superseded by article 1941(a), article 6601 

requires abstracts of judgment to be recorded separately from the real 

property records. 

Article 1941(a) permits, a county clerk in his sole discretion to 

adopt a microfilm process for the filing and recording of all 

instruments within his office and repeals conflicting laws. The legal 

documents are classified into seven categories, and a separate 

microfilm reccrd is requiremi for each of these categories. V.T.C.S. 

art. 1941(a), P2. One of these categories is “official public records 

of real property,” which includes deeds and other real property 

transactions. As a result, we believe that a county clerk is 

authorized to file an abstra,ct of judgment in microfilm form. Thus, 

we conclude that an abstraczt of judgment is required to be recorded 

and filed in a book separa’te from real property records unless a 

p. 1005 
Honorable James W. Smith, Jr. - Page 3 (JM-224) 

microfilm method 

i941(a), V.T.C.S. 

of recordation is in effect 

SUMMARY 

pursuant to article 

An abstract t#f judgment is required to be 

recorded and filed1 in a book separate from real 

property records unless a microfilm method of 

recordation is :Ln effect pursuant to article 

1941(a), V.T.C.S.. 

JIM HATTOX 

Attorney General of Texas 

TOM GREEN 

First Assistant Attorney Gealaral 

DAVID R. RICHARDS 

Executive Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Rick Gilpin 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Rick Gilpin. Chairman 

Colin Carl 

Susan Garrison 

Tony Guillory 

Jim Moellinger 

Nancy Sutton 

p. 1006