Call Us At: 713-547-5460
Without a doubt, securing a judgment is hard enough. Collecting on it is another matter entirely. Among the issues can be judgments entered by courts outside of Texas.
Wondering how that works? Learn the basics of enforcing out-of-state judgments. Let’s start with some basic terminology. Judgments entered outside Texas are known as foreign judgments. The word “foreign” seems to imply the judgment was entered outside of the country. However, a judgment entered in any state other than Texas is also considered a foreign judgment.
In the meantime, a foreign judgment against a Texas business or resident requires domestication in order to get it enforced. Fortunately, the
Uniform Enforcement of Foreign Judgments Act provides a procedure to help in collection efforts.
The first step in enforcing an out-of-state judgment is domesticating it. In simple terms, this essentially means turning it into a Texas judgment. This is best done with the assistance of an experienced collections attorney .
You may wonder about the reason for pursuing domestication of an out-of-state judgment. As a result of doing so, this allows the judgment holder to pursue all remedies under Texas law. Unless the judgment is domesticated, it cannot be recorded in Texas. Additionally, collection efforts will be thwarted as far as requests for writs of attachment, etc.
As with all legal proceedings, time is an important consideration. Consideration for domestication of a foreign judgment must be done within ten years of the entering of the out-of-state judgment. Your attorney will also need information concerning the date that the debtor either started business in Texas or became a resident.
The Texas Code provides procedural guidelines for domestication of foreign judgments. This includes the filing of affidavits, fees, and notification to the judgment debtor.
Once the judgment has been domesticated, it can be enforced as though it was a judgment initially obtained in the Texas courts.
No doubt there is frustration in attempting to enforce any judgment. The fact that the judgment is now considered an enforceable Texas judgment can make the process simpler.
However, it is important to note the requirement that the judgment is termed final.
To enforce what is now considered a Texas judgment, the following steps should be made:
Your attorney will help you through the process, which is made easier if your judgment is against a Texas resident or business.
At
Manfred Sternberg and Associates , we are able to assist you with domestication and collection of judgments.
Contact us to discuss your issues.
Mr. Sternberg’s track record and experience of working with clients from the earliest stages of their cases allows him to bring a uniquely broad-based perspective to the matters he handles.
By submitting this form, you agree to be contacted by our law firm, either by phone, text or by email.
Phone: 713-547-5460
1700 Post Oak Blvd
2 BLVD Place Suite 610
Houston, TX 77056
201 St. Charles Avenue
Suite 2500 PMB # 8873
New Orleans, LA 70170
Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
© Copyright 2023 | All Rights Reserved | Manfred Sternberg & Associates | Powered By Convert It Marketing | Privacy Policy