2005 Texas Civil Practice & Remedies Code CHAPTER 35. ENFORCEMENT OF JUDGMENTS OF OTHER STATES

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.