Short answer
An abstract of judgment is a short written summary of a court judgment. It states the basic terms of a money judgment — who the judgment is for, who it is against, and what the court decided.
Its main use is recording. Once the court clerk issues it, it can be recorded with a county. Recording it can create a lien on the real property of the person who owes the money — called the judgment debtor — in that county.
General information only — not legal advice. This page was not written by a lawyer.
What it is
California Courts, on its page for the form called Abstract of Judgment — Civil and Small Claims (form EJ-001), says the abstract “Describes the basic terms of a money judgment.”
The abstract is made from the judgment. In the U.S. Bankruptcy Court for the Central District of California, the court says the information in the abstract form must reflect the information contained in the Judgment or Order.
The U.S. District Court for the Southern District of Texas, in its Instructions for the Abstract of Judgment, says the name of the party to whom the judgment was awarded must match the judgment exactly. It says the same about the name of the party against whom the judgment was entered.
The U.S. District Court for the Western District of Texas uses a form that states a judgment was entered in the court in favor of one party and against another party. The clerk then certifies that the form is a true and correct abstract of the judgment rendered or registered in that court.
The U.S. District Court for the Southern District of New York says an Abstract of Judgment should include the amount of the judgment and any interest if applicable, based upon the judgment.
What it does
The U.S. Bankruptcy Court for the Central District of California says: “An Abstract of Judgment is a document that is used to record a lien against a debtor’s property.” It says abstracts are issued by the bankruptcy court and recorded in the county where the debtor’s property is located. It also says it is the responsibility of the person requesting the abstract to record it.
In California, California Courts says that once the abstract is issued by the clerk of the court, it can be recorded with a county to create a lien against the judgment debtor.
In California, the California Courts “Put a lien on property” guide explains a lien in plain words. It says a lien is like a public mark put on property that shows up in government files. It says banks look for liens when they are financing a property, for example if the property sells, or refinancing a property.
In California, that same guide says you take the certified abstract to the county recorder’s office in the county where you think the debtor owns real estate. It says you have put a lien on the property in that county, if the debtor has any there. It also says that if the properties are in different counties, you need to record one abstract in each county where there is property.
How it is different from the judgment
The judgment itself is the court’s decision. The U.S. Courts glossary defines “Judgment” as: “The official decision of a court finally resolving the dispute between the parties to the lawsuit.”
The abstract is not that decision. It is a summary of it, made so it can be recorded with a county.
You can see the difference in how the courts handle the two papers. In the U.S. Bankruptcy Court for the Central District of California, an entered copy of the Judgment or Order must be attached to each abstract form. In the U.S. District Court for the Western District of Texas, the deputy clerk attaches a certified copy of the Judgment to the abstracts when the abstracts are issued. The judgment is one document. The abstract is a separate document that goes with it.
Who prepares and issues it
The court clerk issues the abstract, on request.
In California, California Courts says the abstract can be recorded once it is issued by the clerk of the court. The California “Put a lien on property” guide says you take the Abstract of Judgment to the small claims court clerk, and the clerk will certify it.
In the U.S. District Court for the Southern District of New York, the court says the Clerk’s Office will review the request and, where appropriate, issue an Abstract of Judgment.
In the U.S. District Court for the Western District of Texas, the court says the deputy clerk, on behalf of the Clerk of the Court, will review the information provided in the Abstract of Judgment for accuracy. If it meets all requirements and is found to be true and correct, the deputy clerk will issue the abstracts.
State differences note
Rules for abstracts of judgment differ by state and by court. This page prints the general idea, and it labels state rules with the state’s name every time.
The lien and recording points labeled “California” above come from California Courts. They are California rules. They may not work the same way in another state.
The federal court points above come from named federal courts. Each federal court uses its own forms and its own way of reviewing and issuing an abstract.
If you have a real judgment, check the rules of the court that issued your judgment and the county where the property is. Courts’ own self-help pages are a good place to start.
General information only — not legal advice. This page was not written by a lawyer.