Affecting the Debtor’s Credit Score

How a Judgment Affects a Debtor’s Access to Credit

Often we have a debtor call because an abstract of judgment is preventing them from obtaining credit. The national consumer credit bureaus stopped reporting civil judgments in 2017 and 2018, so a judgment no longer shows up on a standard consumer credit report or in a FICO score. But that does not make it harmless. A recorded abstract is a public record, and it still shows up where it counts.

Lenders pull specialty public-records reports during mortgage and business underwriting, and a recorded abstract surfaces there. It appears in commercial credit files. And it appears in any title search, which is what stops a debtor from selling or refinancing real estate until the judgment is dealt with. For a debtor who owns a business or real property, that is real leverage, even though the judgment is no longer part of a consumer credit score.

The practical effect is friction at exactly the moments the debtor needs credit. A recorded judgment can block a refinance, derail a real-estate closing, and raise the cost or availability of business credit. Tenant screening reports, which draw on court records directly rather than on the consumer bureaus, also continue to surface judgments, and some corporate landlords in Texas will reject a rental application on that basis.

Because of this, a judgment we record keeps working for the creditor long after it is entered. It does not depend on a consumer credit score that no longer reflects it. It depends on the public record, and the public record is exactly where the debtor’s next lender, title company, or landlord will look.

The Abstract
Affecting the Debtor’s Credit Score
Writ of Garnishment
Post-Judgment Investigation
Post-Judgment Written Discovery
Post-Judgment Deposition
Motion to Compel
Motion for Contempt
Arresting the Debtor
Discovery Has No Limits
Motion for Turnover
Appointing a Receiver
Writ of Execution
Property Exempt from Execution
Spousal Property