A Judgment in Texas Is Not a Lien Under FRCP 62(f): Fifth Circuit | Practical Law

A Judgment in Texas Is Not a Lien Under FRCP 62(f): Fifth Circuit | Practical Law

In MM Steel, L.P. v. JSW Steel, Inc., the US Court of Appeals for the Fifth Circuit held that because the procedures for creating a lien on a judgment debtor's property in Texas are more than ministerial acts, a judgment in Texas is not a lien under Federal Rule of Civil Procedure (FRCP) 62(f) and the judgment debtor is not entitled to the same stay of execution as a state court would give.

A Judgment in Texas Is Not a Lien Under FRCP 62(f): Fifth Circuit

Practical Law Legal Update 3-583-4688 (Approx. 3 pages)

A Judgment in Texas Is Not a Lien Under FRCP 62(f): Fifth Circuit

by Practical Law Litigation
Published on 03 Oct 2014Texas
In MM Steel, L.P. v. JSW Steel, Inc., the US Court of Appeals for the Fifth Circuit held that because the procedures for creating a lien on a judgment debtor's property in Texas are more than ministerial acts, a judgment in Texas is not a lien under Federal Rule of Civil Procedure (FRCP) 62(f) and the judgment debtor is not entitled to the same stay of execution as a state court would give.