S.B. No. 3009 amends the Civil Practice and Remedies Code to enhance the process for collecting certain judgments and introduces new provisions regarding the appointment of receivers. Specifically, if a judgment creditor cannot obtain satisfaction on a judgment from a justice court within six months, they can apply for a receiver, and the court must either grant the application or schedule a hearing with at least fourteen days' notice. Additionally, justice courts are authorized to charge a fee of up to $25 for motions related to this assistance. The bill also clarifies that costs associated with enforcing child support obligations can be recovered through the same means as the enforcement of the child support itself.
Further amendments include provisions that prevent courts from enforcing orders that require the turnover of exempt property, while allowing for the turnover of nonexempt property without the need to identify specific items in the order. 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, a second writ or receiver appointment can be made within ten years of the first issuance. The changes apply to all judgments, regardless of when they were entered, and the act is set to 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)