CIVIL PRACTICE & REMEDIES CODE
CHAPTER 12. LIABILITY RELATED TO A FRAUDULENT COURT RECORD OR A
FRAUDULENT LIEN OR CLAIM FILED AGAINST REAL OR PERSONAL PROPERTY
§ 12.001. DEFINITIONS. In this chapter:
(1) 'Court record' has the meaning assigned by Section
37.01, Penal Code.
(2) 'Exemplary damages' has the meaning assigned by
Section 41.001.
(3) 'Lien' means a claim in property for the payment of
a debt and includes a security interest.
(4) 'Public servant' has the meaning assigned by
Section 1.07, Penal Code, and includes officers and employees of
the United States.
Added by Acts 1997, 75th Leg., ch. 189, § 16, eff. May 21, 1997.
Renumbered from V.T.C.A., Civil Practice & Remedies Code §
11.001 by Acts 1999, 76th Leg., ch. 62, § 19.01(3), eff. Sept. 1,
1999.
§ 12.002. LIABILITY. (a) A person may not make,
present, or use a document or other record with:
(1) knowledge that the document or other record is a
fraudulent court record or a fraudulent lien or claim against real
or personal property or an interest in real or personal property;
(2) intent that the document or other record be given
the same legal effect as a court record or document of a court
created by or established under the constitution or laws of this
state or the United States or another entity listed in Section
37.01, Penal Code, evidencing a valid lien or claim against real or
personal property or an interest in real or personal property; and
(3) intent to cause another person to suffer:
(A) physical injury;
(B) financial injury; or
(C) mental anguish or emotional distress.
(b) A person who violates Subsection (a) is liable to each
injured person for:
(1) the greater of:
(A) $10,000; or
(B) the actual damages caused by the violation;
(2) court costs;
(3) reasonable attorney's fees; and
(4) exemplary damages in an amount determined by the
court.
Added by Acts 1997, 75th Leg., ch. 189, § 16, eff. May 21, 1997.
Renumbered from V.T.C.A., Civil Practice & Remedies Code §
11.002 by Acts 1999, 76th Leg., ch. 62, § 19.01(3), eff. Sept. 1,
1999.
§ 12.003. CAUSE OF ACTION. (a) The following persons
may bring an action to enjoin violation of this chapter or to
recover damages under this chapter:
(1) the attorney general;
(2) a district attorney;
(3) a criminal district attorney;
(4) a county attorney with felony responsibilities;
(5) a county attorney;
(6) a municipal attorney;
(7) in the case of a fraudulent judgment lien, the
person against whom the judgment is rendered; and
(8) in the case of a fraudulent lien or claim against
real or personal property or an interest in real or personal
property, the obligor or debtor, or a person who owns an interest in
the real or personal property.
(b) Notwithstanding any other law, a person or a person
licensed or regulated by Chapter 9, Insurance Code (the Texas Title
Insurance Act), does not have a duty to disclose a fraudulent, as
described by Section 51.901(c), Government Code, court record,
document, or instrument purporting to create a lien or purporting
to assert a claim on real property or an interest in real property
in connection with a sale, conveyance, mortgage, or other transfer
of the real property or interest in real property.
(c) Notwithstanding any other law, a purported judgment
lien or document establishing or purporting to establish a judgment
lien against property in this state, that is issued or purportedly
issued by a court or a purported court other than a court
established under the laws of this state or the United States, is
void and has no effect in the determination of any title or right to
the property.
Added by Acts 1997, 75th Leg., ch. 189, § 16, eff. May 21, 1997.
Renumbered from V.T.C.A., Civil Practice & Remedies Code §
11.003 by Acts 1999, 76th Leg., ch. 62, § 19.01(3), eff. Sept. 1,
1999.
§ 12.004. VENUE. An action under this chapter may be
brought in any district court in the county in which the recorded
document is recorded or in which the real property is located.
Added by Acts 1997, 75th Leg., ch. 189, § 16, eff. May 21, 1997.
Renumbered from V.T.C.A., Civil Practice & Remedies Code §
11.004 by Acts 1999, 76th Leg., ch. 62, § 19.01(3), eff. Sept. 1,
1999.
§ 12.005. FILING FEES. (a) The fee for filing an
action under this chapter is $15. The plaintiff must pay the fee to
the clerk of the court in which the action is filed. Except as
provided by Subsection (b), the plaintiff may not be assessed any
other fee, cost, charge, or expense by the clerk of the court or
other public official in connection with the action.
(b) The fee for service of notice of an action under this
section charged to the plaintiff may not exceed:
(1) $20 if the notice is delivered in person; or
(2) the cost of postage if the service is by registered
or certified mail.
(c) A plaintiff who is unable to pay the filing fee and fee
for service of notice may file with the court an affidavit of
inability to pay under the Texas Rules of Civil Procedure.
(d) If the fee imposed under Subsection (a) is less than the
filing fee the court imposes for filing other similar actions and
the plaintiff prevails in the action, the court may order a
defendant to pay to the court the differences between the fee paid
under Subsection (a) and the filing fee the court imposes for filing
other similar actions.
Added by Acts 1997, 75th Leg., ch. 189, § 16, eff. May 21, 1997.
Renumbered from V.T.C.A., Civil Practice & Remedies Code §
11.005 by Acts 1999, 76th Leg., ch. 62, § 19.01(3), eff. Sept. 1,
1999.
§ 12.006. PLAINTIFF'S COSTS. (a) The court shall
award the plaintiff the costs of bringing the action if:
(1) the plaintiff prevails; and
(2) the court finds that the defendant, at the time the
defendant caused the recorded document to be recorded or filed,
knew or should have known that the recorded document is fraudulent,
as described by Section 51.901(c), Government Code.
(b) For purposes of this section, the costs of bringing the
action include all court costs, attorney's fees, and related
expenses of bringing the action, including investigative expenses.
Added by Acts 1997, 75th Leg., ch. 189, § 16, eff. May 21, 1997.
Renumbered from V.T.C.A., Civil Practice & Remedies Code §
11.006 by Acts 1999, 76th Leg., ch. 62, § 19.01(3), eff. Sept. 1,
1999.
§ 12.007. EFFECT ON OTHER LAW. This law is cumulative
of other law under which a person may obtain judicial relief with
respect to a recorded document or other record.
Added by Acts 1997, 75th Leg., ch. 189, § 16, eff. May 21, 1997.
Renumbered from V.T.C.A., Civil Practice & Remedies Code §
11.007 by Acts 1999, 76th Leg., ch. 62, § 19.01(3), eff. Sept. 1,
1999.
