Reviving a dormant judgment in Texas: the two-year window
A Texas judgment that has gone dormant is not necessarily lost. The statute allows it to be revived, but only within two years after the date it became dormant. Here is how that window is counted, the two ways the statute names, and what a revival does and does not bring back.
In short
- A dormant judgment may be revived by scire facias or by an action of debt brought not later than the second anniversary of the date it became dormant (Civ. Prac. & Rem. Code §31.006).
- The window opens on the day the judgment becomes dormant and closes on that date's second anniversary.
- A lien "ceases to exist" when the judgment becomes dormant (Prop. Code §52.006(a)). Whether a revival brings it back is pending legal review; JudgmentVault shows no lien until a new abstract is recorded.
The two-year window
Section 31.006 of the Texas Civil Practice and Remedies Code says a dormant judgment "may be revived by scire facias or by an action of debt brought not later than the second anniversary of the date that the judgment becomes dormant." The window is counted from the dormancy date, which is itself set by the writ history: 10 years after rendition, or after the last writ, with no new writ issued (§34.001). See dormant judgments and the dates that matter.
The statute speaks of a revival "brought" by the deadline, which points to the date the proceeding is filed rather than the date a court rules on it.
Scire facias and action of debt
The statute names two ways to revive a judgment. Scire facias is a proceeding in the case that produced the judgment, asking the court to revive it. An action of debt is a new lawsuit brought on the judgment itself, which ends in a new judgment. Which to use, and how, is a question for a Texas attorney; JudgmentVault only keeps the dates.
What a revival restores, and what it does not
A revived judgment can be enforced again. Abstract liens are a separate question. A lien "ceases to exist" when the judgment becomes dormant (Prop. Code §52.006(a)), and §52.001 creates a lien when an abstract is recorded and indexed while the judgment is not dormant. The Texas Attorney General has described a revival followed by a new abstract to establish a lien (Op. GA-0903 (2011)).
If the window closes
Section 31.006 does not provide for a revival brought after its deadline.
Worked example
A judgment rendered on May 10, 2016 has an abstract recorded in Harris County on January 10, 2018. No writ is ever issued.
- It becomes dormant on May 11, 2026, the day after the 10th anniversary of rendition.
- The Harris County lien ends with it: its last day is May 10, 2026, years before the abstract's own 10 years would have run out.
- The last day to bring a revival is May 11, 2028, the second anniversary of the dormancy date.
- If it is revived, JudgmentVault shows no Harris County lien until a new abstract is recorded after the revival (pending legal review, above).
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.
Sources
- Tex. Civ. Prac. & Rem. Code §31.006: revival by scire facias or action of debt not later than the second anniversary of dormancy.
- Tex. Civ. Prac. & Rem. Code §34.001: when a judgment becomes dormant.
- Tex. Prop. Code §§52.001, 52.006: a lien needs a judgment that is not dormant, and ceases at dormancy.
- Tex. Att’y Gen. Op. GA-0903 (2011): after revival, an abstract may be filed to establish a lien.
- Tex. Gov't Code §311.014: counting periods, and when a deadline falls on a weekend or holiday.
The rules JudgmentVault applies, and which are still pending legal review, are listed rule by rule in how JudgmentVault calculates Texas judgments.