Texas Civil Practice and Remedies Code

§ 12.006 — PLAINTIFF'S COSTS

CP § 12.006Title 2. TRIAL, JUDGMENT, AND APPEAL · Part A. GENERAL PROVISIONS · Ch. 12. LIABILITY RELATED TO A FRAUDULENT COURT RECORD OR A FRAUDULENT LIEN OR CLAIM FILED AGAINST REAL OR PERSONAL PROPERTY

Statute text

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(a)The court shall award the plaintiff the costs of bringing the action if:

(1)the plaintiff prevails; and

(2)the court finds that the defendant, at the time the defendant caused the recorded document to be recorded or filed, knew or should have known that the recorded document is fraudulent, as described by Section 51.901(c), Government Code.

(b)For purposes of this section, the costs of bringing the action include all court costs, attorney's fees, and related expenses of bringing the action, including investigative expenses.

Legislative history

Added by Acts 1997, 75th Leg., ch. 189, Sec. 16, eff. May 21, 1997. Renumbered from Civil Practice & Remedies Code Sec. 11.006 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(3), eff. Sept. 1, 1999.