Texas Foreign Judgment Enrollment
Civil Practice and Remedies Code
CHAPTER 35. ENFORCEMENT OF JUDGMENTS OF OTHER STATES
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. Chap. 35, § 35.001.
Short Title
This chapter may be cited as the Uniform Enforcement of Foreign
Judgments Act. Chap. 35, § 35.002.
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. Chap. 35, § 35.003.
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. Chap. 35, § 35.004.
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. Chap. 35, § 35.005.
Stay
(a) If the judgment debtor shows the court that an appeal
from the foreign judgment is pending or will be taken or that a stay of
execution has been granted and proves that the judgment debtor has furnished
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 satisfaction of the judgment that is required
in this state. Chap. 35, § 35.006.
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. Chap. 35, § 35.007.
Optional Procedure
A judgment creditor retains the right to bring an action to enforce
a judgment instead of proceeding under this chapter. Chap. 35, §
35.008.