For Preview Only - Please Do Not Copy

Transcription

1 Information & Instructions: Petition to enforce foreign judgment 1. The following form, Petition to Enforce Foreign Judgment, is used to enforce a judgment obtained in a state other than Texas. 2. In order to execute judgment on a foreign judgment, the following Petition must be filed in the County in which you seek to enforce the Petition.

2 Form: Petition to enforce foreign judgment CAUSE NUMBER [Name], PLAINTIFF vs. [Name], DEFENDANT IN THE [Type of Court] COURT [Court number] OF [NAME], COUNTY, TEXAS PETITION TO ENFORCE FOREIGN JUDGMENT [name of plaintiff], "Plaintiff," files this petition for enforcement of a foreign judgment in accordance with the Uniform Enforcement of Foreign Judgments Act against [name of defendant], "Defendant." 1. Defendant's address is [Address]. Service may be made at that address. 2. On ], in the [Name] Court of [Name of County], Texas, Plaintiff recovered a judgment against the Defendant for the sum of $[Amount], plus attorney fees of $[Amount]. 3. An authenticated or certified copy of that judgment is attached to this petition. PRAYER Plaintiff prays that the authenticated copy of the judgment be filed in accordance with the law and that judgment be filed and domesticated so that it may have the same force and effect as if that judgment were rendered in the State of Texas. Respectfully Submitted, [Law Firm Name] By

3 [Attorney s Name] Attorney for Plaintiff [Attorney s Address] [Telephone Number] [Facsimile Number] [Bar Card Number]

4 Information & Instructions: Affidavit in support of petition to enforce a foreign judgment 1. The following Affidavit must be signed by the Plaintiff to prove up and support the facts plead for in the Petition to Enforce a Foreign Judgment.

5 Form: Affidavit in support of petition to enforce foreign judgment State of Texas County of AFFIDAVIT BEFORE ME, the undersigned authority, on this day did personally appear [name of Affiant], who being first duly sworn did say and depose: 1. [he or she] is the attorney in this State for the Plaintiff [Name], the judgment creditors and [his or her] address is [address]. 2. The name of the judgment debtor is [Name]. 3. The judgment debtor's address is [address]. 4. The name of the judgment creditor is [Name]. 5. The address of the judgment creditor is [address]. Attorney for Plaintiff Affiant on oath swears that the statements are true and correct based on his or her personal knowledge and Affiant has: State of Texas County of [County Name] Subscribed and sworn to before me on by [Name]. Signature of officer Notary's typed or printed name My commission expires: [or Notary's Stamp]

6 Information & Instructions: Order 1. The following Order is used to grant the relief prayed for in the Petition to Enforce the Foreign Judgment.

7 Form: Order to enforce foreign judgment [Name], PLAINTIFF vs. [Name], DEFENDANT CAUSE NUMBER IN THE [Type of Court] COURT [Court number] OF [NAME], COUNTY, TEXAS ORDER TO ENFORCE FOREIGN JUDGMENT On, came to be heard Petitioner's request for domestication of the exemplified and certified Foreign Judgment on file, and the Court having read the Petition and considered the same, is of the opinion that the Petition should be granted. ORDERED, ADJUDGED and DECREED, by this Court that the Clerk of this Court be, hereby ordered and directed to issue an abstract of judgment, a writ of execution and such other writs and/or processes as may be requested by the Plaintiff to enforce that judgment, as if the same were a judgment of this Court. Signed on. State of Texas County of JUDGE PRESIDING I, [name], Clerk of the Court of the, County, in and for the State of Texas, and the custodian of the records, files and seals thereof, do hereby certify the above foregoing to be a true, perfect and complete copy of a certain Judgment and Final Order described as follows: Cause No. filed in my office on

8 , in a certain cause pending in this Court, wherein [name] was the Plaintiff and [name] was the Defendant. I have hereunto set my hand, and affixed the seal of this Court, at. Dated. Clerk of the Court By: Deputy Clerk