Enforcing a foreign judgment from another state in Texas: Do not be concerned if your judgment is from another state, it can be enforced in Texas.
Enforcing a foreign judgment in Texas:
The term “foreign judgment” means a decree or order of a court of the United States or of any other court that is entitled to full faith and credit under the US Constitution in Texas.
The Texas Uniform Enforcement of Foreign Judgments Act (“UEFJA“) governs the domestication of foreign judgments in Texas. The UEFJA sets out a process for taking a judgment from a U.S. federal court or another state’s court and turning it into a Texas judgment. That is, “domesticating” the judgment.
Note: in order to enforce a foreign judgment you need to provide us a copy of the judgment known as an Exemplified Judgment. The court clerk in the court that issued the judgment can normally provide this to you. We discuss obtaining an exemplified copy of judgment here.
After following the proper steps, the judgment is “domesticated.” It is then treated as a Texas judgment for all intents and purposes. It can then be abstracted and executed upon. Under the UEFJA, when a copy of a properly authenticated foreign judgment is filed with the clerk of any Texas court of competent jurisdiction, it will be treated in the same manner as a judgment of the court in which the foreign judgment is filed. It has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, staying, enforcing, or satisfying a judgment as a judgment of the court in which it is filed.
Enforcing a foreign judgment in Texas means filing an affidavit with the Texas clerk. The affidavit must show the name and last known post office address of both the judgment creditor and the judgment debtor.
The filing of a final, valid and subsisting foreign judgment using these procedures not only initiates enforcement proceedings, but also automatically creates an enforceable Texas state judgment.
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Questions About Foreign Judgment Enforcement
My judgment is from another state. Can I still pursue a Texas debtor?
Yes. Texas has adopted the Uniform Enforcement of Foreign Judgments Act, which provides a specific process for registering an out-of-state judgment in Texas and treating it as a Texas judgment. Once that process is complete, all of the same enforcement tools are available — garnishment, writs of execution, turnover orders, post-judgment discovery — as if the judgment had originally been entered by a Texas court.
What does "domesticating" a foreign judgment mean?
Domestication is the process of converting a judgment from another state into a Texas judgment. Under the Texas Uniform Enforcement of Foreign Judgments Act, a properly authenticated copy of the foreign judgment is filed with a Texas court clerk. Once filed correctly, it automatically creates an enforceable Texas judgment — it is then subject to the same procedures and enforcement tools as any other Texas judgment.
What is an exemplified judgment and how do I get one?
An exemplified judgment is a certified copy of your judgment issued by the court that originally entered it. The court clerk in the state where your judgment was entered can provide this. You will need it before we can begin the domestication process in Texas. We can walk you through exactly what to request.
How long does it take to domesticate a foreign judgment in Texas?
The filing process itself can be completed quickly. However, under the UEFJA, the judgment debtor has a window to file a motion to challenge the judgment before full enforcement begins. The timeline for that window and any resulting proceedings varies. We move through this process as efficiently as possible and can advise you on timing once we have reviewed your specific judgment.
Can the Texas debtor challenge a judgment from another state?
Texas law allows a judgment debtor to raise certain limited defenses to a foreign judgment — for example, that the original court lacked jurisdiction, or that the judgment was obtained by fraud. However, the grounds for challenging a properly obtained and authenticated foreign judgment are narrow. The full faith and credit clause of the U.S. Constitution requires Texas courts to honor valid judgments from other states.
What if my debtor has assets in multiple states, not just Texas?
Each state where the debtor has assets may require separate registration of your judgment. The process varies by state. We handle Texas registration and can coordinate on multi-state strategy. If you have a Texas-based debtor with assets elsewhere, we focus enforcement here while advising on what additional steps may be needed in other jurisdictions.