What is the procedure for domesticating a foreign judgment in Texas? First, we would need what is called an “exemplified” copy of the judgment. An exemplified copy is a copy of an official document, such as a court pleading or judgment, which is obtained from the County Clerk or the Judgment Clerk in the court in the particular state where the judgment was obtained. The clerk will certify in writing, by affixing a corporate seal or some form of a raised stamp on the document, that the particular document as was properly signed and entered. Exemplified copies are more than certified copies -- the clerk certifies that the copies are genuine and the judge certifies that the clerk has the authority to say they are genuine.
Once we receive the exemplified (authenticated) copy of the foreign judgment, we will file the exemplified copy of the judgment in the Texas court, along with the proper paperwork, which includes an affidavit of the creditors and the debtors last known addresses. After following the proper steps, the judgment is now “domesticated” in Texas. It is then treated as a Texas judgment for all intents and purposes. It can then be abstracted in the county or counties in which the debtor has assets. 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.
Once the judgment has been properly filed and accepted by the Texas court, we will file an Abstract of Judgment in the county or counties in which the debtor has assets.
In addition, we can then pursue post-judgment collection activities, which includes going back to court and asking the Judge to approve our Turnover Order and appoint our recommended Receiver.
For information regarding turnover orders and receiverships, click here.
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