If the judgment cannot be satisfied at this time, the attorney should not promise to follow up ten years later to extend the life of the judgment lien but should place that responsibility with the creditor; see section 27.8:3 in this chapter.
Letter to Client Reporting That Judgment Cannot Be Collected
[Date]
[Name and address of creditor-client]
Re: Defendant: [name of debtor]
Amount of claim: $[amount]
[style of case]
Cause No. [number]
[designation and location of court]
[Salutation]
Judgment was rendered in the referenced case on [date], and an abstract of judgment has been filed in [name of each county in which abstract was filed] County[ies]. I have not been able to completely collect the judgment and believe that at this time additional efforts would be fruitless.
Filing the abstract of judgment created a judgment lien on the debtor’s nonexempt real property in that county. To keep the judgment lien alive under present Texas law, within ten years of the date of judgment a new writ of execution must be issued and levied and a new abstract of judgment must be recorded.
I suggest that you periodically have the law checked to determine whether it has changed and that you calendar this matter for nine years from the date of judgment so that you can make sure at that time that the judgment lien is not allowed to expire. I will not act further on this matter unless you direct me to do so. If you wish me to renew the judgment you must let me know at least six months before the judgment is to expire.
Sincerely yours,
[Name of attorney]