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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7168
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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I want to file my foreign judgment in Dallas County, Texas.

Customer Question

I want to file my foreign judgment in Dallas County, Texas. Can you show me both the specific local code and state rules?
Submitted: 11 months ago.
Category: Legal
Expert:  Dwayne B. replied 11 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

As far as I know there are no local codes or local rules in Dallas County regarding this and I was involved in several cases where this was done. However, the state rules dealing with foreign judgments can be found at the Texas Civil Practice and Remedies Code Chapter 35, which you can see at http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.35.htm

Customer: replied 11 months ago.
Thank you. Can you provide a sample form of what this affidavit might look like:
Sec. 35.004. AFFIDAVIT; NOTICE OF FILING. (a) At the time a foreign judgment is filed, the judgment creditor or the judgment creditor's attorney shall file with the clerk of the court an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor.
Expert:  Dwayne B. replied 11 months ago.

Unfortunately, we're not allowed to provide forms, it's against the website rules. However, what you can do is go to the clerk's office and pull the case file of another case where they filed an affidavit and then use that as an example to make your own.

Customer: replied 11 months ago.
Are the attached documents sufficient to Transfer to Texas?
Expert:  Dwayne B. replied 11 months ago.

I don't see why it wouldn't be. The question is always the one for the judge but the big issue is that the copy you got was a certified copy so it shouldn't be a problem.

Customer: replied 11 months ago.
Does the docket have to be certified? That's a specific answer I need. It doesn't look like it is.
Expert:  Dwayne B. replied 11 months ago.

The docket isn't really needed, the judgment is what is important and it is certified.

Customer: replied 11 months ago.
The clerk told me they need the docket.
Expert:  Dwayne B. replied 11 months ago.

I've never filed a docket sheet, just the certified judgment. However, if the clerk is telling you they need it for something then it would have to be certified or else if the other person objects it will be struck.

Customer: replied 11 months ago.
Regarding this section below, specifically do they have the right to a defense on the merits/facts of the case?
Sec. 35.008. OPTIONAL PROCEDURE. A judgment creditor retains the right to bring an action to enforce a judgment instead of proceeding under this chapter.If they don't we might as well file a small claims case. Please look up the law.
Expert:  Dwayne B. replied 11 months ago.

That section has nothing to do with the defendant having a right to present a defense.

Customer: replied 11 months ago.
That's not what I asked. Please read it with more intelligence in mind. If we have the right bring a Texas action instead of transferring the judgment, does the defendant have right to a defense on the merits/facts in that situation? It's law you would look up and not in that section....If in court they cant challenge case facts, then we'd want to simply file a small claims case using this section:
Sec. 35.008. OPTIONAL PROCEDURE. A judgment creditor retains the right to bring an action to enforce a judgment instead of proceeding under this chapter.
Expert:  Dwayne B. replied 11 months ago.

I'm going to opt out of this.

Expert:  Irwin Law replied 11 months ago.

Good afternoon. I am another expert here and I will try to assist. You already have a foreign judgment and all you need to do is docket the judgment in the proper county in Texas , i.e. where the judgment debtor resides. That permits you to go after the judgment debtor, his property and assets in Texas. You would use the statute that permits you to sue on the judgment if the judgment lien was about to expire and you needed to renew the judgment. The judgment debtor cannot raise factual defenses either way. I hope that this clarifies the matter sufficiently for you to enter a positive rating.

Customer: replied 11 months ago.
Is the attached okay?
Expert:  Irwin Law replied 11 months ago.

That looks pretty good to me. I noticed a minor typo in the second line where it says: may be enforced and satisfied Texas. Should read: may be enforced and satisfied in Texas.

Please enter a positive rating for my assistance here by clicking on 3, 4, or 5, for which there is no additional cost to you. Thanks again for using JUST ANSWER.

Customer: replied 11 months ago.
If I showed up for the hearing in Pennsylvania, but the defendant did not, can he challenge the foreign order based on precedent?
Expert:  Irwin Law replied 11 months ago.

I don't understand. What hearing in Pennsylvania?

Customer: replied 11 months ago.
It's a civil judgment from Pennsylvania. Its pasted above http://screencast.com/t/7A2jSrazgdFg
Expert:  Irwin Law replied 11 months ago.

Your question was about posting a foreign judgment from Pennsylvania, in Texas, for collection. What does a hearing in Pennsylvania have to do with this?

Customer: replied 11 months ago.
That's what I am asking you. Since I showed up for the hearing I thought it might be more difficult to challenge the foreign order. Is that a common challenge theory of Texas foreign orders? What are the common challenges...?
Expert:  Irwin Law replied 11 months ago.

Let me back up and review this a little bit. You have a judgment that was entered in a Pennsylvania court. It was a default judgment where the defendant did not show up for hearing. You now wish to pursue collection in Texas, so you obtained a certified copy of the judgment and prepared an affidavit. You have been instructed to file the affidavit and the certified judgment in the Texas court clerk's office. That is docketing the judgment in Texas. Now you are asking theoretical questions about challenging the foreign judgment in Texas, when no one is actually challenging it, are they? I believe that I have fully answered your question, and these new questions are far outside of the scope of the original question. You have not yet entered a positive rating for any of my answers, and I must decline to proceed further without such rating at this point. I feel you have no confidence in what I'm telling you. After we rate and close this question if you wish to open additional legal questions about collection defenses, and send them to my attention, I'll be happy to respond to those questions.

Customer: replied 11 months ago.
When I selected the billing for this question I selected "very detailed answer" which included follow up questions. I didn't say its a default judgment, you did. I got it entered as a normal judgment.
Expert:  Irwin Law replied 10 months ago.

(I apologize for the delay in getting back to you. Late Friday afternoon I took ill, and was not functioning very well until This morning.) It does not matter what kind of judgment it was, default or not, it is still a judgment. .I explained the procedure for docketing it as a judgment in TX. Now you wish to go into legal theories for attacking judgments. (Is that a common challenge theory of Texas foreign orders? What are the common challenges...? ) That is not connected with your original question. Next will come questions about exemptions from execution? Bankruptcy? IOW, where does this question end?

Customer: replied 10 months ago.
Please answer the question. I paid for the most detail and expected follow up questions.
Expert:  Irwin Law replied 10 months ago.

OKAY, you win. Here it is:

(Is that a common challenge theory of Texas foreign orders?

Is what a common challenge theory of TX foreign orders? A private attorney would have no way of counting a number or type of filings.

What are the common challenges...? )

Mostly lack of jurisdiction for insufficient service. There's little else that can be raised against an unappealed judgment.

Does that do it for you?

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