The bill, S.B. No. 3009, amends the Civil Practice and Remedies Code to enhance the collection and execution of certain judgments, particularly in justice courts. It introduces new provisions that require courts to appoint a receiver if a judgment creditor cannot obtain satisfaction on a judgment within six months and has applied for such an appointment. Additionally, it allows justice courts to charge a fee of up to $25 for motions seeking the court's assistance in these matters. The bill also clarifies that costs associated with enforcing child support obligations can be pursued through any available means, and it specifies that courts may enforce orders for the turnover of nonexempt property without needing to identify specific items or prove their existence.
Furthermore, the bill modifies the rules regarding the dormancy of judgments, stating that if a writ of execution or receiver appointment is not made within ten years of a judgment, it becomes dormant. However, it allows for a second writ or receiver appointment within ten years of the first. The amendments apply to all judgments, regardless of when they were entered, and the bill 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 34, Civil Practice and Remedies Code 31)