CHAPTER 35. ENFORCEMENT OF JUDGMENTS OF OTHER STATES - Texas Statutes

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.