The bill amends the Civil Practice and Remedies Code to enhance the collection and execution of certain judgments, particularly in justice courts. It introduces new provisions allowing judgment creditors to apply for the appointment of a receiver if they cannot obtain satisfaction on a judgment within six months. The court is required to either grant the application or set it for a hearing, with notice to all parties served at least 14 days prior. Additionally, the bill permits justice courts to charge a fee of up to $25 for motions related to this assistance. It also clarifies that costs associated with enforcing child support obligations can be recovered through the same means as the child support itself.
Further amendments specify that courts cannot enforce orders requiring the turnover of exempt property, except in cases related to child support. The bill also establishes that if a writ of execution or receiver appointment is not issued within ten years of a judgment, the judgment becomes dormant. However, it allows for the issuance of a second writ or appointment of a receiver within ten years of the first. The provisions of this bill apply to all judgments, regardless of when they were entered, and it will take effect on September 1, 2025.
Statutes affected: Introduced: Civil Practice and Remedies Code 31.002, Civil Practice and Remedies Code 34.001 (Civil Practice and Remedies Code 31, Civil Practice and Remedies Code 34)
House Committee Report: Civil Practice and Remedies Code 31.002, Civil Practice and Remedies Code 34.001 (Civil Practice and Remedies Code 31, Civil Practice and Remedies Code 34)