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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
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.
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.
The docket isn't really needed, the judgment is what is important and it is certified.
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.
That section has nothing to do with the defendant having a right to present a defense.
I'm going to opt out of this.
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.
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.
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I don't understand. What hearing in Pennsylvania?
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?
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.
(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?
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?