After a Successful Enforcement of a Foreign Judgment, How Do You Collect?
After a Successful Enforcement of a Foreign Judgment, How Do You Collect?
After filing a suit in another state, a Texan is thrilled that he prevails in his lawsuit. A judge orders the other party to pay him, and that seems to be the end. A happy ever after for the Texan.
Awarding a judgment, however, is not the same as paying a judgment. When a judgment is entered into another state court, but the other party doesn’t pay, individuals do have avenues to pursue payment of the judgment.
Uniform Enforcement
The majority of states, including Texas, have adopted the Uniform Enforcement of Foreign Judgments Act into their laws. This act requires states to give “full faith and credit” to other states’ judgments.
In Texas, individuals can file an authenticated copy of a foreign judgment with any court clerk’s office. Once filed, a court will treat the judgment the same as if it had come from a Texas court. This is known as domestication.
Along with the authenticated copy, individuals must file an affidavit that includes the name or names, as well as the last known address of the judgment debtor and the judgment creditor. Once filed, the judgment creditor or their attorney must file a notice of the foreign judgment to the debtor at their last known address.
The judgment debtor can file to either stop or pause domestication. Once a judgment is domesticated, however, the judgment is subject to Texas’s collection time requirements.
Collection Window
Texas has a 10-year window for collection. If an individual is unable to collect within that decade, they can extend the time for another decade via a writ of execution. All requests for extensions must be filed before a 10-year collection period expires.
Hire a Skilled Legal Team That Knows Texas
Collecting judgments can be frustrating. Individuals must have the proper paperwork and file it on time in order to pursue a judgment. If you have questions about what you can do, the attorneys at Manfred Law can help. Call us at 713-547-5460 or contact us online to schedule your consultation.
