Abstracts

An abstract of judgment is a document that contains pertinent information contained in the judgment, such as the judgment amount, the date the judgment was rendered, and the identifying parties. Civil/Family Post Trial prepares this document, and when filed with the County Clerks office places a lien on the defendant’s real property. This judgment lien continues for 10 years after the date of recording, and must be renewed afterwards to continue on. The fee to request this abstract is $8 per abstract, and the request form is located on the District Clerks website. You may purchase as many abstracts as needed, and one must be filed in each county that there is real property in.

• Back to top

Executions

A Writ of Execution is a process issued by the District Clerk, which orders the Sheriff to collect a judgment against a defendant. The sheriff collects either money or sells property belonging to the defendant for as much of the judgment as possible. The execution is returnable in up to 90 days, and only one execution can be issued at a time. If after 90 days, the judgment is not paid, another can be requested. An execution can only be issued after 30 days of a final judgment, and cannot be issued if there is a bankruptcy in progress. There are several types of executions such as one for money, possession, sale of a particular property, delivery of certain property, and possession of certain property. The cost for an execution is $8, and the request for this can also be found on the District Clerk’s website. Once the Execution is prepared, it is forwarded to the requesting party, who in turn coordinates with the Constables office in getting it served. If an execution is not issued within 10 years of the previous one, it goes dormant and cannot be reissued unless renewed by the Court.

• Back to top

Clerks Record

Upon the filing of an appeal, Civil/Family Post Trial prepares the clerk’s record. The clerk’s record consists of certain documents identified by the Texas Rules of Appellate procedures. These documents are copied, numbered and indexed in preparation of the record. Upon payment by the party, which is $1 per page, the record is forwarded to the Court of Appeals for their review. Once the record is forwarded to the Court of Appeals, any party may check it out for review. All appeal pleadings should be filed directly with the Civil/Family Post Trial department, and there is no fee for this filing.

• Back to top

Cost Statements

A Cost Statement or bill of costs is a certified, itemized statement of taxable costs in an action or suit. When the final judgment states that the successful party to a suit shall recover all court costs, the clerk, if requested, may submit a bill of costs. The preparation of this includes researching each individual file to ensure that all costs have been identified, and which party is able to recover the costs. This process is done through CATS. A cost statement must be produced for all Abstracts and Executions. Attorneys may also request a cost statement for reference in a file. The fee for requesting a cost statement is $15.

• Back to top

Transfer of Venue

Upon the signing of a transfer order by a Judge, Civil/Family Post Trial processes those transfers to the receiving County. This process involves making copies of certain documents as identified by Family Law Rules, indexing, assessing fees, and forwarding those documents by certified mail. Fees for those transfers are $1 per page.

• Back to top

Supersedeas Bonds

When an appeal has been perfected or a Writ of Execution has been issued and the party wants to suspend execution of the judgment, a Supersedeas bond must be filed by the party and approved by the clerk. For recovery of money, the amount of the bond, deposit, or security must be at least the amount of the judgment, interest for the estimated duration of the appeal, and costs. These bonds are posted in Civil/Family Post Trial, and must be approved. They then are sent to the Court Registry of the District Clerks Office.

• Back to top

Expunctions

If eligible and certain criteria are met, a person who has been placed under a custodial or non-custodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged. A new civil suit must be filed and heard by the Court. These suits may be filed in the Civil/Family Post Trial section, located at 201 Caroline, Room 250. Filing fees are $212 for the petition, with an additional $8.50 for per defendant being served.

• Back to top