This Foreign Judgment Enrollment Package contains the forms and instructions to enroll a foreign (other State) judgment in your state. A foreign judgment is a judgment entered by a court other than the court of the state where the judgment is sought to be enrolled. Enrolling a judgment allows the judgment creditor or person holding the judgment to enforce it in the state of enrollment and the enrollment creates a judgment lien against the property of the Judgment Debtor.
Texas Foreign Judgment Enrollment
State:
Texas
Control #:
TX-EFJ-01
Format:
Word;
Rich Text
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FAQ
Without following the strict requirements of the UEFJA, and properly domesticating the foreign judgment, the judgment is nothing more than a piece of paper. Domestication is the process that allows a creditor to attach the judgment as a lien to the debtor's property, and otherwise enforce it.
The 1964 Foreign Judgment Act allowed the states to enforce a judgment from another state without the expense of litigation.Entitle this notice document as NOTICE OF FILING FOREIGN JUDGMENT and include the affidavit and exemplified copy of the judgment.
Generally, U.S. judgments cannot be enforced in a foreign country without first being recognized by a court in that foreign country.It can generally be said that non-default judgments not involving tort claims or punitive damages are more likely to be enforced.
Hence, a decree passed by a superior court of a foreign country cannot be enforced in India if it contravenes an earlier conclusive judgment passed by a competent court in a suit between the same parties, as it is enforced as a domestic decree.
The process requires registering a certified copy of the foreign judgment with the clerk of the court in the jurisdiction where you want to enforce the judgment. You will also need to file an affidavit attesting to certain facts, as specified in the court's procedural rules.
In order to avail themselves of the UEFJ Act, a judgment creditor needs to give notice to the judgment debtor that the judgment is being domesticated in Georgia; a petition or affidavit is filed with the clerk of court in the county where the foreign judgment is to be domesticated; finally, unless there is an objection
A foreign judgment can be authenticated in accordance with an act of congress or a statute of this state, which then may be filed in the office of the clerk of any court of competent jurisdiction of this state. TEX. CIV. PRAC. & REM.
Like the foreign state judgment, the foreign country judgment may be domesticated in Texas by filing a properly authenticated copy of the judgment along with an affidavit containing the names and addresses of the judgment creditor and judgment debtor as well as the judgment creditor's attorney in the state of Texas,