CIVIL PRACTICE & REMEDIES CODE
CHAPTER 35. ENFORCEMENT OF JUDGMENTS OF OTHER STATES
§ 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, § 1, eff. Sept. 1, 1985.
§ 35.002. SHORT TITLE. This chapter may be cited as the
Uniform Enforcement of Foreign Judgments Act.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985. Amended
by Acts 2003, 78th Leg., ch. 204, § 7.01, eff. Sept. 1, 2003.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
