Dormant judgments in Texas: what it means and the dates that matter
A Texas judgment does not last forever on its own. If no writ of execution issues for 10 years, the judgment goes dormant: it can no longer be enforced unless it is revived, and its abstract liens end. Here is what starts and restarts that 10-year count, and the dates that follow from it.
In short
- A judgment becomes dormant if no writ of execution issues within 10 years after it is rendered (Civ. Prac. & Rem. Code §34.001(a)).
- Once a writ issues, another can issue at any time within 10 years after it, so each writ starts a new 10-year period (§34.001(b)).
- A dormant judgment can be revived, but only within two years after it becomes dormant (§31.006).
- Every abstract lien ends when the judgment becomes dormant (Prop. Code §52.006(a)).
What "dormant" means
Under Tex. Civ. Prac. & Rem. Code §34.001(a), if a writ of execution is not issued within 10 years after a judgment is rendered, "the judgment is dormant and execution may not be issued on the judgment unless it is revived." The rule covers judgments of courts of record and of justice courts alike.
A dormant judgment is not the same as a paid or cancelled one, but it has lost three things:
- No writ of execution can issue on it until it is revived (§34.001(a)).
- Every abstract of judgment lien on it ceases to exist (Tex. Prop. Code §52.006(a)).
- An abstract recorded while it is dormant creates no lien (§52.001: a lien arises only "if the judgment is not then dormant").
The way back is revival, which has its own two-year deadline. See reviving a dormant judgment.
What keeps a judgment alive: the writ of execution
The event that matters is the issuance of a writ of execution: the clerk issuing the writ. The statute counts 10 years from rendition to the first writ, and then says a second writ "may be issued at any time within 10 years after issuance of the first writ" (§34.001(b)). Applied writ after writ, each writ issued while the judgment is alive starts a new 10-year period from its own issue date.
Section 34.001 names only the writ of execution, not a partial payment or an abstract recorded in a county. Other writs are less clear. In Harper v. Spencer & Associates, P.C., 446 S.W.3d 53 (Tex. App.—Houston [1st Dist.] 2014, pet. denied), the court held that a writ of garnishment, granted and executed to collect the judgment, qualified as a writ of execution under §34.001(b). Harper also discusses an 1899 case that held a garnishment writ did not prevent dormancy, so whether another writ counts can turn on the court and the facts.
The dates, counted
JudgmentVault works out three dates for every judgment: the last day a writ can issue, the first day the judgment is dormant, and the last day to bring a revival.
Worked example
A judgment is rendered on May 10, 2016. Three different writ histories give three sets of dates:
| Writs | Last day a writ can issue | Dormant from | Last day to revive |
|---|---|---|---|
| No writ ever issued | May 10, 2026 | May 11, 2026 | May 11, 2028 |
| One writ, issued March 1, 2019 | March 1, 2029 | March 2, 2029 | March 2, 2031 |
| Writs issued March 1, 2019 and February 1, 2028 | February 1, 2038 | February 2, 2038 | February 2, 2040 |
Each writ moves every later date. The second writ in the last row issues before the period started by the first one runs out, so it starts a new 10 years from its own date.
Pending legal review These dates come from the same engine as JudgmentVault's calculators and use the date boundaries described above, which await review by counsel.
Judgments with different rules
- Child support judgments under the Family Code: §34.001 does not apply to them (§34.001(c)).
- Judgments for the State of Texas or a state agency do not become dormant (Prop. Code §52.006(b)).
- Federal court judgments and other states' judgments follow their own rules.
JudgmentVault does not calculate dates for any of these.
Dormancy and abstract liens
An abstract of judgment lien lasts up to 10 years from recording, but "if the judgment becomes dormant during that period the lien ceases to exist" (§52.006(a)). Dormancy can cut a lien short, and a writ that keeps the judgment alive does not by itself extend a lien. See abstract of judgment liens.
Sources
- Tex. Civ. Prac. & Rem. Code §34.001: dormant if no writ issues within 10 years of rendition or of the first writ; not for child support.
- Tex. Civ. Prac. & Rem. Code §31.006: revival within two years of dormancy.
- Tex. Prop. Code §§52.001, 52.006: no lien from an abstract recorded while dormant; a lien ceases at dormancy; State judgments do not go dormant.
- Tex. Gov't Code §311.014: counting periods, and when a deadline falls on a weekend or holiday.
- Harper v. Spencer & Assocs., P.C., 446 S.W.3d 53 (Tex. App.—Houston [1st Dist.] 2014, pet. denied): an executed writ of garnishment qualified as a writ of execution under §34.001(b).
The rules JudgmentVault applies, and which are still pending legal review, are listed rule by rule in how JudgmentVault calculates Texas judgments.