Texas Senate Bill SB428

Texas 2011 - 82nd Regular

• Out of Senate Committee: 3/8/11
• Introduced: 1/27/11
• Voted on by Senate: 3/17/11
• Refer: 2/2/11
• Out of House Committee: 4/28/11
• Report Pass: 3/8/11
• Voted on by House: 5/3/11
• Engrossed: 3/17/11
• Governor Action: 5/17/11
• Refer: 4/4/11
• Enrolled: 5/4/11
• Passed: 5/17/11

Caption

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

Impact

The bill's passage brings about changes to the procedures involving foreign judgments, specifically in the notification process. By amending Section 35.004, it imposes a responsibility on the judgment creditor or their legal representative to ensure that notice is sent in a timely manner. Additionally, it requires that proof of this mailing is filed with the court clerk, which should help in maintaining records and ensuring accountability in the notification process for debtors.

Summary

Senate Bill 428 aims to amend the Civil Practice and Remedies Code concerning the notice given to judgment debtors when a foreign judgment is filed. The bill outlines specific responsibilities for the judgment creditor or their attorney, mandating prompt mailing of the notice to the judgment debtor at their designated address. This aims to streamline the process and ensure that debtors are adequately informed about foreign judgments affecting them, enhancing legal transparency and fairness in the process.

Contention

Notable points of contention around SB428 could emerge from its practical implications for debtors and creditors alike. Some parties may argue that the amendments provide sufficient protection and clarity for judgment debtors, while others may contend that the responsibilities placed on creditors become onerous and could complicate their efforts in collecting debts. Moreover, the repeal of Section 35.005 raises questions about the rationale behind removing existing requirements, potentially impacting how judgments are enforced in the state.