Texas Government Code

§ 51.902 — ACTION ON FRAUDULENT JUDGMENT LIEN

GV § 51.902Title 2. JUDICIAL BRANCH · Part D. JUDICIAL PERSONNEL AND OFFICIALS · Ch. 51. CLERKS · Art. J. CERTAIN FRAUDULENT RECORDS OR DOCUMENTS

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(a)A person against whom a purported judgment was rendered who has reason to believe that a document previously filed or recorded or submitted for filing or for filing and recording is fraudulent may complete and file with the district clerk a motion, verified by affidavit by a completed form for ordinary certificate of acknowledgment, of the same type described by Section 121.007, Civil Practice and Remedies Code, that contains, at a minimum, the information in the following suggested form: MISC. DOCKET NO. ______In Re: A PurportedIn the ______ Judicial DistrictJudgment Lien AgainstIn and For ___________________(Name of PurportedCounty, TexasDebtor)Motion for Judicial Review of a Documentation Purporting to Create a Judgment Lien Now Comes (name) and files this motion requesting a judicial determination of the status of a court, judicial entity, or judicial officer purporting to have taken an action that is the basis of a judgment lien filed in the office of said clerk, and in support of the motion would show the court as follows: I. (Name), movant herein, is the person against whom the purported judgment was rendered. II. On (date), in the exercise of the county clerk's official duties as County Clerk of (county name) County, Texas, the county clerk received and filed or filed and recorded the documentation attached hereto and containing (number) pages. Said documentation purports to have been rendered on the basis of a judgment, act, order, directive, or process of a court, judicial entity, or judicial officer called therein "(name of purported court, judicial entity, or judicial officer)" against one (name of purported debtor). III. Movant alleges that the purported court, judicial entity, or judicial officer referred to in the attached documentation is one described in Section 51.901(c)(1), Government Code, as not legally created or established under the constitution or laws of this state or of the United States, and that the documentation should therefore not be accorded lien status. IV. Movant further attests that the assertions contained herein are true and correct. PRAYER Movant requests the court to review the attached documentation and enter an order determining whether it should be accorded lien status, together with such other orders as the court deems appropriate. Respectfully submitted, _________________________ (Signature and typed name and address)

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Legislative history

Added by Acts 1997, 75th Leg., ch. 189, Sec. 14, eff. May 21, 1997.