CIVIL PRACTICE & REMEDIES CODE
SUBTITLE C. JUDGMENTS
CHAPTER 31. JUDGMENTS
§ 31.001. PASSAGE OF TITLE. A judgment for the
conveyance of real property or the delivery of personal property
may pass title to the property without additional action by the
party against whom the judgment is rendered.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 31.002. COLLECTION OF JUDGMENT THROUGH COURT
PROCEEDING. (a) A judgment creditor is entitled to aid from a
court of appropriate jurisdiction through injunction or other means
in order to reach property to obtain satisfaction on the judgment if
the judgment debtor owns property, including present or future
rights to property, that:
(1) cannot readily be attached or levied on by
ordinary legal process; and
(2) is not exempt from attachment, execution, or
seizure for the satisfaction of liabilities.
(b) The court may:
(1) order the judgment debtor to turn over nonexempt
property that is in the debtor's possession or is subject to the
debtor's control, together with all documents or records related to
the property, to a designated sheriff or constable for execution;
(2) otherwise apply the property to the satisfaction
of the judgment; or
(3) appoint a receiver with the authority to take
possession of the nonexempt property, sell it, and pay the proceeds
to the judgment creditor to the extent required to satisfy the
judgment.
(c) The court may enforce the order by contempt proceedings
or by other appropriate means in the event of refusal or
disobedience.
(d) The judgment creditor may move for the court's
assistance under this section in the same proceeding in which the
judgment is rendered or in an independent proceeding.
(e) The judgment creditor is entitled to recover reasonable
costs, including attorney's fees.
(f) A court may not enter or enforce an order under this
section that requires the turnover of the proceeds of, or the
disbursement of, property exempt under any statute, including
Section 42.0021, Property Code. This subsection does not apply to
the enforcement of a child support obligation or a judgment for past
due child support.
(g) With respect to turnover of property held by a financial
institution in the name of or on behalf of the judgment debtor as
customer of the financial institution, the rights of a receiver
appointed under Subsection (b)(3) do not attach until the financial
institution receives service of a certified copy of the order of
receivership in the manner specified by Section 59.008, Finance
Code.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 1015, § 1, eff. June 15, 1989; Acts
1999, 76th Leg., ch. 344, § 7.002, eff. Sept. 1, 1999.
§ 31.0025. AUTHORITY OF COURT TO ORDER TURNOVER OF
WAGES. (a) Notwithstanding any other law, a court may not, at any
time before a judgment debtor is paid wages for personal services
performed by the debtor, enter or enforce an order that requires the
debtor or any other person to turn over the wages for the
satisfaction of the judgment.
(b) This section applies to wages in any form, including
paycheck, cash, or property.
(c) This section does not apply to the enforcement of a
child support obligation or a judgment for past due child support.
Added by Acts 1991, 72nd Leg., ch. 671, § 1, eff. Aug. 26, 1991.
§ 31.003. JUDGMENT AGAINST PARTNERSHIP. If a suit is
against several partners who are jointly indebted under a contract
and citation has been served on at least one but not all of the
partners, the court may render judgment against the partnership and
against the partners who were actually served, but may not award a
personal judgment or execution against any partner who was not
served.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 31.004. EFFECT OF ADJUDICATION IN LOWER TRIAL
COURT. (a) A judgment or a determination of fact or law in a
proceeding in a lower trial court is not res judicata and is not a
basis for estoppel by judgment in a proceeding in a district court,
except that a judgment rendered in a lower trial court is binding on
the parties thereto as to recovery or denial of recovery.
(b) This section does not apply to a judgment in probate,
guardianship, mental health , or other matter in which a lower trial
court has exclusive subject matter jurisdiction on a basis other
than the amount in controversy.
(c) For the purposes of this section, a 'lower trial court'
is a small claims court, a justice of the peace court, a county
court, or a statutory county court.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 167, § 3.07(a), eff. Sept. 1, 1987.
§ 31.005. EFFECT OF ADJUDICATION IN SMALL CLAIMS OR
JUSTICE OF THE PEACE COURT. A judgment or a determination of fact
or law in a proceeding in small claims court or justice of the peace
court is not res judicata and does not constitute a basis for
estoppel by judgment in a proceeding in a county court or statutory
county court, except that the judgment rendered is binding on the
parties thereto as to recovery or denial of recovery.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 31.006. REVIVAL OF JUDGMENT. A dormant judgment may
be revived by scire facias or by an action of debt brought not later
than the second anniversary of the date that the judgment becomes
dormant.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1995, 74th Leg., ch. 935, § 1, eff. Sept. 1, 1995.
§ 31.007. PARTIES RESPONSIBLE FOR ACCOUNTING OF OWN
COSTS. (a) Each party to a suit shall be responsible for
accurately recording all costs and fees incurred during the course
of a lawsuit, if the judgment is to provide for the adjudication of
such costs. If the judgment provides that costs are to be borne by
the party by whom such costs were incurred, it shall not be
necessary for any of the parties to present a record of court costs
to the court in connection with the entry of a judgment.
(b) A judge of any court may include in any order or judgment
all costs, including the following:
(1) fees of the clerk and service fees due the county;
(2) fees of the court reporter for the original of
stenographic transcripts necessarily obtained for use in the suit;
(3) masters, interpreters, and guardians ad litem
appointed pursuant to these rules and state statutes; and
(4) such other costs and fees as may be permitted by
these rules and state statutes.
Added by Acts 1987, 70th Leg., ch. 663, § 3, eff. Sept. 1, 1987.
§ 31.008. PAYMENT OF UNCLAIMED JUDGMENT. (a) A
judgment debtor may pay to the court that rendered the judgment the
amount under the judgment owed to a judgment creditor whose
location is unknown to the judgment debtor if the judgment debtor
complies with Subsections (b) and (c). The payment must be made
without offset or reduction for any claims of the judgment debtor.
The judgment debtor shall prepare a recordable release of the
judgment. The judge or clerk of the court shall execute the release
of the judgment on behalf of the creditor and issue the release to
the debtor. The release shall recite the cause number, the court,
the parties, the date of judgment, the amount of judgment, the
amount paid into the court, and the date of the release.
(b) Before being entitled to pay a judgment to a court under
Subsection (a), the judgment debtor shall send a letter notifying
the judgment creditor of the judgment, by registered or certified
mail, return receipt requested, to:
(1) the judgment creditor's last known address;
(2) the address appearing in the judgment creditor's
pleadings or other court record, if different from the creditor's
last known address;
(3) the address of the judgment creditor's last
attorney, as shown in the creditor's pleadings or other court
record; and
(4) the address of the judgment creditor's last
attorney, as shown in the records of the State Bar of Texas, if that
address is different from the address shown in the creditor's
pleadings or other court record.
(c) If the judgment creditor does not respond to a notice
under Subsection (b) on or before the 15th day after the date on
which the notice was sent, the judgment debtor may file an affidavit
with the court stating that the judgment debtor has provided the
required notice, that the judgment creditor has not responded to
the notice, and that the location of the judgment creditor is not
known to the judgment debtor.
(d) The court shall hold the amount paid to it by the
judgment debtor under Subsection (a) and interest earned on that
amount in trust for the judgment creditor.
(e) The clerk of the court shall deposit the trust funds and
any interest earned by the funds in the clerk's trust fund account.
The clerk shall pay the funds and any interest earned by the funds
to the judgment creditor or to the successors to the rights of the
judgment creditor. The clerk may presume that the funds are payable
to the judgment creditor unless the clerk is furnished with a
written assignment of the judgment.
(f) Funds held in the clerk's trust fund account in
accordance with this section are subject to escheat under Chapter
72, Property Code.
(g) If the judgment debtor complies with Subsections (b) and
(c) and the judgment creditor refuses to accept payment of the
amount under the judgment or accepts payment under the judgment and
refuses to execute a release of judgment, the court shall set the
matter for hearing on a party's motion or on the court's own motion
to determine whether or not a release should be filed. On notice
and hearing the court may direct the judgment debtor to prepare and
file a recordable release of the judgment with the clerk of the
court if the court finds that:
(1) the amount under the judgment has been paid into
the registry of the court; or
(2) the judgment creditor has accepted payment under
the judgment and refused to execute a release of judgment.
(h) In this section:
(1) 'Judgment creditor' means a party in whose favor a
judgment has been rendered, whether a plaintiff, counterclaimant,
cross-claimant, third party plaintiff, or other judgment creditor.
(2) 'Judgment debtor' means a party against whom a
judgment is rendered.
Added by Acts 1991, 72nd Leg., ch. 730, § 1, eff. Sept. 1, 1991.
Amended by Acts 1993, 73rd Leg., ch. 163, § 1, eff. Aug. 30,
1993; Acts 2001, 77th Leg., ch. 656, § 1, eff. Sept. 1, 2001.
§ 31.010. TURNOVER BY FINANCIAL INSTITUTION. (a) A
financial institution that receives a request to turn over assets
or financial information of a judgment debtor to a judgment
creditor or a receiver under a turnover order or receivership under
Section 31.002 shall be provided and may rely on:
(1) a certified copy of the order or injunction of the
court; or
(2) a certified copy of the order of appointment of a
receiver under Section 64.001, including a certified copy of:
(A) any document establishing the qualification
of the receiver under Section 64.021;
(B) the sworn affidavit under Section 64.022;
and
(C) the bond under Section 64.023.
(b) A financial institution that complies with this section
is not liable for compliance with a court order, injunction, or
receivership authorized by Section 31.002 to:
(1) the judgment debtor;
(2) a party claiming through the judgment debtor;
(3) a co-depositor with the judgment debtor; or
(4) a co-borrower with the judgment debtor.
(c) A financial institution that complies with this section
is entitled to recover reasonable costs, including copying costs,
research costs, and, if there is a contest, reasonable attorney's
fees.
(d) In this section, 'financial institution' means a state
or national bank, state or federal savings and loan association,
state or federal savings bank, state or federal credit union,
foreign bank, foreign bank agency, or trust company.
Added by Acts 1999, 76th Leg., ch. 892, § 1, eff. Sept. 1, 1999.
