State Codes and Statutes
Statutes > Texas > Civil-practice-and-remedies-code > Title-2-trial-judgment-and-appeal > Chapter-35-enforcement-of-judgments-of-other-states
CIVIL PRACTICE AND REMEDIES CODE
TITLE 2. TRIAL, JUDGMENT, AND APPEAL
SUBTITLE C. JUDGMENTS
CHAPTER 35. ENFORCEMENT OF JUDGMENTS OF OTHER STATES
Sec. 35.001. DEFINITION. In this chapter, "foreign judgment"
means a judgment, decree, or order of a court of the United
States or of any other court that is entitled to full faith and
credit in this state.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 35.002. SHORT TITLE. This chapter may be cited as the
Uniform Enforcement of Foreign Judgments Act.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 35.003. FILING AND STATUS OF FOREIGN JUDGMENTS. (a) A
copy of a foreign judgment authenticated in accordance with an
act of congress or a statute of this state may be filed in the
office of the clerk of any court of competent jurisdiction of
this state.
(b) The clerk shall treat the foreign judgment in the same
manner as a judgment of the court in which the foreign judgment
is filed.
(c) A filed foreign judgment has the same effect and is subject
to the same procedures, defenses, and proceedings for reopening,
vacating, staying, enforcing, or satisfying a judgment as a
judgment of the court in which it is filed.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 35.004. AFFIDAVIT; NOTICE OF FILING. (a) At the time a
foreign judgment is filed, the judgment creditor or the judgment
creditor's attorney shall file with the clerk of the court an
affidavit showing the name and last known post office address of
the judgment debtor and the judgment creditor.
(b) The clerk shall promptly mail notice of the filing of the
foreign judgment to the judgment debtor at the address given and
shall note the mailing in the docket.
(c) The notice must include the name and post office address of
the judgment creditor and if the judgment creditor has an
attorney in this state, the attorney's name and address.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 35.005. ALTERNATE NOTICE OF FILING--JUDGMENT CREDITOR. (a)
The judgment creditor may mail a notice of the filing of the
judgment to the judgment debtor and may file proof of mailing
with the clerk.
(b) A clerk's lack of mailing the notice of filing does not
affect the enforcement proceedings if proof of mailing by the
judgment creditor has been filed.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 35.006. STAY. (a) If the judgment debtor shows the court
that an appeal from the foreign judgment is pending or will be
taken, that the time for taking an appeal has not expired, or
that a stay of execution has been granted, has been requested, or
will be requested, and proves that the judgment debtor has
furnished or will furnish the security for the satisfaction of
the judgment required by the state in which it was rendered, the
court shall stay enforcement of the foreign judgment until the
appeal is concluded, the time for appeal expires, or the stay of
execution expires or is vacated.
(b) If the judgment debtor shows the court a ground on which
enforcement of a judgment of the court of this state would be
stayed, the court shall stay enforcement of the foreign judgment
for an appropriate period and require the same security for
suspending enforcement of the judgment that is required in this
state in accordance with Section 52.006.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 2003, 78th Leg., ch. 204, Sec. 7.01, eff. Sept.
1, 2003.
Sec. 35.007. FEES. (a) A person filing a foreign judgment
shall pay to the clerk of the court the amount as otherwise
provided by law for filing suit in the courts of this state.
(b) Filing fees are due and payable at the time of filing.
(c) Fees for other enforcement proceedings are as provided by
law for judgments of the courts of this state.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 35.008. OPTIONAL PROCEDURE. A judgment creditor retains
the right to bring an action to enforce a judgment instead of
proceeding under this chapter.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
State Codes and Statutes
Statutes > Texas > Civil-practice-and-remedies-code > Title-2-trial-judgment-and-appeal > Chapter-35-enforcement-of-judgments-of-other-states
CIVIL PRACTICE AND REMEDIES CODE
TITLE 2. TRIAL, JUDGMENT, AND APPEAL
SUBTITLE C. JUDGMENTS
CHAPTER 35. ENFORCEMENT OF JUDGMENTS OF OTHER STATES
Sec. 35.001. DEFINITION. In this chapter, "foreign judgment"
means a judgment, decree, or order of a court of the United
States or of any other court that is entitled to full faith and
credit in this state.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 35.002. SHORT TITLE. This chapter may be cited as the
Uniform Enforcement of Foreign Judgments Act.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 35.003. FILING AND STATUS OF FOREIGN JUDGMENTS. (a) A
copy of a foreign judgment authenticated in accordance with an
act of congress or a statute of this state may be filed in the
office of the clerk of any court of competent jurisdiction of
this state.
(b) The clerk shall treat the foreign judgment in the same
manner as a judgment of the court in which the foreign judgment
is filed.
(c) A filed foreign judgment has the same effect and is subject
to the same procedures, defenses, and proceedings for reopening,
vacating, staying, enforcing, or satisfying a judgment as a
judgment of the court in which it is filed.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 35.004. AFFIDAVIT; NOTICE OF FILING. (a) At the time a
foreign judgment is filed, the judgment creditor or the judgment
creditor's attorney shall file with the clerk of the court an
affidavit showing the name and last known post office address of
the judgment debtor and the judgment creditor.
(b) The clerk shall promptly mail notice of the filing of the
foreign judgment to the judgment debtor at the address given and
shall note the mailing in the docket.
(c) The notice must include the name and post office address of
the judgment creditor and if the judgment creditor has an
attorney in this state, the attorney's name and address.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 35.005. ALTERNATE NOTICE OF FILING--JUDGMENT CREDITOR. (a)
The judgment creditor may mail a notice of the filing of the
judgment to the judgment debtor and may file proof of mailing
with the clerk.
(b) A clerk's lack of mailing the notice of filing does not
affect the enforcement proceedings if proof of mailing by the
judgment creditor has been filed.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 35.006. STAY. (a) If the judgment debtor shows the court
that an appeal from the foreign judgment is pending or will be
taken, that the time for taking an appeal has not expired, or
that a stay of execution has been granted, has been requested, or
will be requested, and proves that the judgment debtor has
furnished or will furnish the security for the satisfaction of
the judgment required by the state in which it was rendered, the
court shall stay enforcement of the foreign judgment until the
appeal is concluded, the time for appeal expires, or the stay of
execution expires or is vacated.
(b) If the judgment debtor shows the court a ground on which
enforcement of a judgment of the court of this state would be
stayed, the court shall stay enforcement of the foreign judgment
for an appropriate period and require the same security for
suspending enforcement of the judgment that is required in this
state in accordance with Section 52.006.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 2003, 78th Leg., ch. 204, Sec. 7.01, eff. Sept.
1, 2003.
Sec. 35.007. FEES. (a) A person filing a foreign judgment
shall pay to the clerk of the court the amount as otherwise
provided by law for filing suit in the courts of this state.
(b) Filing fees are due and payable at the time of filing.
(c) Fees for other enforcement proceedings are as provided by
law for judgments of the courts of this state.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 35.008. OPTIONAL PROCEDURE. A judgment creditor retains
the right to bring an action to enforce a judgment instead of
proceeding under this chapter.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
State Codes and Statutes
Statutes >
Texas >
Civil-practice-and-remedies-code >
Title-2-trial-judgment-and-appeal >
Chapter-35-enforcement-of-judgments-of-other-states CIVIL PRACTICE AND REMEDIES CODE
TITLE 2. TRIAL, JUDGMENT, AND APPEAL
SUBTITLE C. JUDGMENTS
CHAPTER 35. ENFORCEMENT OF JUDGMENTS OF OTHER STATES
Sec. 35.001. DEFINITION. In this chapter, "foreign judgment"
means a judgment, decree, or order of a court of the United
States or of any other court that is entitled to full faith and
credit in this state.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 35.002. SHORT TITLE. This chapter may be cited as the
Uniform Enforcement of Foreign Judgments Act.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 35.003. FILING AND STATUS OF FOREIGN JUDGMENTS. (a) A
copy of a foreign judgment authenticated in accordance with an
act of congress or a statute of this state may be filed in the
office of the clerk of any court of competent jurisdiction of
this state.
(b) The clerk shall treat the foreign judgment in the same
manner as a judgment of the court in which the foreign judgment
is filed.
(c) A filed foreign judgment has the same effect and is subject
to the same procedures, defenses, and proceedings for reopening,
vacating, staying, enforcing, or satisfying a judgment as a
judgment of the court in which it is filed.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 35.004. AFFIDAVIT; NOTICE OF FILING. (a) At the time a
foreign judgment is filed, the judgment creditor or the judgment
creditor's attorney shall file with the clerk of the court an
affidavit showing the name and last known post office address of
the judgment debtor and the judgment creditor.
(b) The clerk shall promptly mail notice of the filing of the
foreign judgment to the judgment debtor at the address given and
shall note the mailing in the docket.
(c) The notice must include the name and post office address of
the judgment creditor and if the judgment creditor has an
attorney in this state, the attorney's name and address.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 35.005. ALTERNATE NOTICE OF FILING--JUDGMENT CREDITOR. (a)
The judgment creditor may mail a notice of the filing of the
judgment to the judgment debtor and may file proof of mailing
with the clerk.
(b) A clerk's lack of mailing the notice of filing does not
affect the enforcement proceedings if proof of mailing by the
judgment creditor has been filed.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 35.006. STAY. (a) If the judgment debtor shows the court
that an appeal from the foreign judgment is pending or will be
taken, that the time for taking an appeal has not expired, or
that a stay of execution has been granted, has been requested, or
will be requested, and proves that the judgment debtor has
furnished or will furnish the security for the satisfaction of
the judgment required by the state in which it was rendered, the
court shall stay enforcement of the foreign judgment until the
appeal is concluded, the time for appeal expires, or the stay of
execution expires or is vacated.
(b) If the judgment debtor shows the court a ground on which
enforcement of a judgment of the court of this state would be
stayed, the court shall stay enforcement of the foreign judgment
for an appropriate period and require the same security for
suspending enforcement of the judgment that is required in this
state in accordance with Section 52.006.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 2003, 78th Leg., ch. 204, Sec. 7.01, eff. Sept.
1, 2003.
Sec. 35.007. FEES. (a) A person filing a foreign judgment
shall pay to the clerk of the court the amount as otherwise
provided by law for filing suit in the courts of this state.
(b) Filing fees are due and payable at the time of filing.
(c) Fees for other enforcement proceedings are as provided by
law for judgments of the courts of this state.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 35.008. OPTIONAL PROCEDURE. A judgment creditor retains
the right to bring an action to enforce a judgment instead of
proceeding under this chapter.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Loading..
Close Window
Loading, Please Wait!
This may take a second or two.
