Legal Question in Civil Litigation in Texas
A few years ago I filed suit in small claims court (JP) against a person. I won a default judgement because he failed to show up. I subsequently filed a lien on his house.
I have heard that I can foreclose on his house to collect the judgement. Is this true?
Thank you for your answer,
Chris
2 Answers from Attorneys
Not exactly. Your judgment lien does not attach to a homestead property. If you try to collect on a homestead property, you can be sued for slander of title. If you have a default, you should wait the appropriate time for the judgment to become final, and then proceed accordingly.
However, if the house is not homestead, the homestead exemption does not apply. You need to find out if the house is homestead property. One way is to check the tax records and see if it is claimed as a homestead. This is not foolproof as it is still possible that the house is a homestead but not claimed as such.
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