Texas House Bill HB2094

Texas 2011 - 82nd Regular

• Out of House Committee: 4/27/11
• Introduced: 3/2/11
• Refer: 3/8/11
• Report Pass: 4/20/11

Caption

Relating to notice to a judgment debtor of the filing of a foreign judgment.

Impact

The bill amends existing laws concerning the notification process, which could lead to increased compliance by judgment creditors in informing debtors. By requiring prompt mailing and proof of such action to be filed with the court, the bill aims to enhance transparency in legal proceedings. It directly impacts how foreign judgments are treated in terms of notification, potentially influencing the awareness and response of debtors regarding obligations stemming from such judgments.

Summary

House Bill 2094 focuses on the procedural aspects related to the notification of a judgment debtor about the filing of a foreign judgment in Texas. This amendment to the Civil Practice and Remedies Code enhances the responsibilities of the judgment creditor or their attorney regarding notifying the debtor. Under the new provisions, such notice must be promptly mailed to the debtor's provided address, and proof of mailing must be filed with the court. This adjustment aims to streamline the notification process and ensure that debtors are made aware of legal actions that may affect them.

Contention

There may be concerns regarding the implications for judgment creditors, as the bill imposes additional responsibilities on them to ensure that notifications are correctly mailed and documented. While this is intended to protect the rights of judgment debtors, it may also raise questions about the burden on creditors, especially if they face challenges in obtaining accurate addresses for debtors. Debates could arise around the balance between debtor notification rights and creditor obligations, particularly in contexts where debtors may be hard to locate.