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Enforcement of Judgments of other States

Texas Civil Practice and Remedies Code §35 addresses enforcement of a judgment, decree, or order of a court of the United State or any other court that is entitled to full faith and credit in the State of Texas.  Specifically, Texas Civil Practice and Remedies Code §35.003 requires a filing of “a copy of a foreign judgment” to effectuate domestication and enforcement in the State of Texas. 

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Texas recognizes two methods for this process: 

1) filing under the Uniform Enforcement of Foreign Judgments Act (“UEFJA”), which established a procedure of enforcing a foreign judgment by merely filing an authenticated copy of the judgment with the clerk of any court in Texas with competent jurisdiction; and

2) filing a common-law action to enforce the foreign judgment. 

A judgment debtor may challenge jurisdiction of a sister state by demonstrating that: 

1) service of process was inadequate under the rules of the sister state; or

2) the sister state’s exercise of in personam[1] jurisdiction over the judgment debtor offends due process of law. 

If you have a judgment that you want to enforce in Texas, please call M&A Law Firm at 1-866.789.1664. Since its inception in Dallas, Modjarrad & Abusaad (M&A) Law Firm has built its practice by focusing on obtaining results for our clients in Texas. M&A law firm is your one-stop Texas law firm, aimed at achieving results when they matter most. M&A was founded on the principal of providing large law firm service at small law firm cost to clients. Building on this philosophy, M&A law firm has grown to provide its clients an energetic, agile and responsive staff of attorneys who focus their practice on the representation of Business and Corporate Law, Civil Litigation Law, Personal Injury Law, Family Law, Criminal Defense Law and Immigration Law.

 


 

[1] A Latin word used in the legal realm meaning: against the person; A lawsuit seeking a judgment to be enforceable specifically against an individual person.  An in personam action can affect the defendant’s personal rights and interests and substantially all of his or her property.  It is based on the authority of the court, or jurisdiction, over the person as an individual rather than jurisdiction over specific property owned by the person.

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