To enforce an out-of-state judgment in Texas, you file an authenticated copy of the judgment with a Texas court under Chapter 35 of the Civil Practice and Remedies Code, known as the Uniform Enforcement of Foreign Judgments Act. Once filed, the judgment has the same force as one entered by that Texas court, and you can use Texas collection tools against the debtor. The process is faster and cheaper than filing a new lawsuit, though that option remains open.
Get an Authenticated Copy From the Issuing Court
Before you file anything in Texas, contact the clerk of the court that issued the judgment and request a certified copy that meets the federal authentication standard. That means the copy must carry the clerk’s attestation and the court’s seal, plus a certificate from a judge of that court confirming the attestation is in proper form.1Office of the Law Revision Counsel. 28 U.S. Code 1738 – State and Territorial Statutes and Judicial Proceedings The Texas statute accepts any copy “authenticated in accordance with an act of congress or a statute of this state.”2State of Texas. Texas Code Civil Practice and Remedies Code 35.003 – Filing and Status of Foreign Judgments
The judgment also has to be final and enforceable in the state that issued it. Interlocutory orders, temporary injunctions, and judgments still on direct appeal generally don’t qualify because they aren’t yet conclusive.
File the Judgment With a Texas Court
File the authenticated copy with the clerk of any Texas court that has jurisdiction over the matter. For most money judgments, that’s the district court in the county where the debtor lives or owns property. Along with the judgment, you (or your attorney) must file an affidavit listing the name and last known mailing address of both the debtor and the creditor.3State of Texas. Texas Code Civil Practice and Remedies Code 35.004 – Affidavit Notice of Filing
Once filed, the clerk treats the foreign judgment exactly like a local one. It has the same effect and is subject to the same procedures for enforcement, reopening, vacating, or staying as any judgment originally entered by that Texas court.2State of Texas. Texas Code Civil Practice and Remedies Code 35.003 – Filing and Status of Foreign Judgments That equal-footing rule is the point of the whole process. You get access to every Texas collection tool without relitigating the underlying case.
Mail Notice to the Debtor
No enforcement can begin until the debtor knows the judgment has been filed. Promptly mail notice to the debtor at the address in the affidavit. The notice must include your name and mailing address and the name and address of any Texas attorney representing you. After mailing, file proof of mailing with the clerk, who then notes it in the docket.3State of Texas. Texas Code Civil Practice and Remedies Code 35.004 – Affidavit Notice of Filing
The statute says “promptly mail” without specifying certified mail, return receipt, or any particular method. Many creditors use certified mail with a return receipt anyway, to build a clean paper trail. If the debtor can’t be found at the last known address, you may need alternative service through the court.
The UEFJA itself doesn’t set a waiting period before collection can start, but Texas case law gives the debtor 30 days to move to vacate the registered judgment before the court loses power to disturb it. Most creditors wait at least 30 days after notice before pursuing collection so a successful challenge doesn’t undo their work.
What the Debtor Can Do to Fight It
Because a filed foreign judgment is treated exactly like a Texas judgment, the debtor can raise any defense that would apply to a local judgment. A few come up repeatedly.
The Original Court Lacked Jurisdiction
The debtor can argue that the court that issued the judgment had no personal jurisdiction. If the debtor had no meaningful connection to that state, or was never properly served in the original case, a Texas court can refuse to enforce the judgment. This is often the strongest defense, because full faith and credit doesn’t reach judgments entered without jurisdiction over the parties.
The Judgment Has Been Paid, Vacated, or Modified
If the judgment has already been satisfied, vacated, or modified in the issuing state, the debtor can present that evidence and stop enforcement. A judgment that no longer has legal force where it was entered has no force in Texas either.
A Stay of Enforcement
Texas offers the debtor two ways to freeze enforcement while a challenge is pending. If the debtor shows that an appeal is pending in the issuing state, or that the time for appeal hasn’t expired, and posts the security bond required by that state, the Texas court must stay enforcement until the appeal ends or the appeal window closes. The debtor can also seek a stay on any ground that would justify one for a Texas judgment, in which case the court can stay enforcement for an appropriate period on the same security Texas law would require for its own judgments.4State of Texas. Texas Civil Practice and Remedies Code 35.006 The debtor can’t just claim an appeal exists and walk away. A bond protects your position while the challenge is resolved.
What You Can and Can’t Collect in Texas
Once the judgment is registered and either uncontested or upheld, you can use every Texas collection method available for local judgments, including levying bank accounts and placing liens on real property. You can also use post-judgment discovery to locate assets.
Now the harder part. Texas is one of the most debtor-friendly states in the country, and out-of-state creditors are often surprised by what’s off-limits.
Wage Garnishment Is Almost Always Off the Table
The Texas Constitution bars wage garnishment for ordinary debts. The only exceptions are child support, spousal maintenance, unpaid taxes, and federally guaranteed student loans. If your judgment is on a contract or a tort, you cannot garnish the debtor’s Texas wages, regardless of what the issuing state permitted. Current wages for personal services are entirely exempt from seizure, except for court-ordered child support.
The Home Is Protected
A debtor’s primary residence is exempt from seizure for creditor claims, with narrow exceptions for purchase-money mortgages, property tax liens, and certain home-equity loans that comply with constitutional requirements.5State of Texas. Texas Property Code 41.001 – Interests in Land Exempt From Seizure There’s no dollar cap on the home’s value. Acreage is what’s capped: up to 10 acres in a city, or up to 200 acres in a rural area for a family.
Personal Property Exemptions
Texas protects personal property up to $100,000 in aggregate fair market value for a family, or $50,000 for a single adult.6State of Texas. Texas Property Code 42.001 – Personal Property Exemption Exempt categories include home furnishings, tools of a trade or profession, clothing, two firearms, athletic equipment, a motor vehicle for each licensed family member, livestock, and household pets.7State of Texas. Texas Property Code 42.002 – Personal Property
If your debtor’s assets fit inside these exemptions, a judgment that was easy to collect in New York or California can turn out to be practically uncollectible in Texas.
How Long You Have to Act
A registered judgment is subject to the same enforcement timeline as any Texas judgment. If no writ of execution is issued within 10 years after the judgment was rendered, it goes dormant and can’t be enforced unless revived. If a writ is issued in that first 10 years, a second writ must issue within 10 years of the first to keep the judgment alive.8State of Texas. Texas Code Civil Practice and Remedies Code 34.001 – No Execution on Dormant Judgment
The 10-year clock runs from the date the original judgment was rendered, not from the date you filed it in Texas. If a judgment is already seven years old when you register it, you have three years to issue a writ before dormancy kicks in. Child support judgments are exempt from the dormancy rule.8State of Texas. Texas Code Civil Practice and Remedies Code 34.001 – No Execution on Dormant Judgment
Watch the issuing state’s clock too. If the judgment has already expired or become unenforceable in the state that issued it, Texas courts won’t enforce it just because the Texas deadline hasn’t run. Both states’ time limits have to hold.
When Filing a New Lawsuit Makes More Sense
The UEFJA process isn’t your only option. Texas law expressly preserves the right to sue on the foreign judgment as a traditional lawsuit instead of using the streamlined Chapter 35 process.9State of Texas. Texas Civil Practice and Remedies Code 35.008 That route takes longer and costs more, but it can be worth it when you expect a complex jurisdictional fight or want to combine the enforcement action with additional Texas claims against the same debtor. For most straightforward money judgments, registration under the UEFJA is the default and the lawsuit is the fallback.
Judgments From Courts Outside the United States
If the judgment comes from a court outside the U.S., the UEFJA does not apply. Texas handles those cases under the Uniform Foreign-Country Money Judgments Recognition Act in Chapter 36A of the Civil Practice and Remedies Code. Recognition standards are different and more demanding. A Texas court can refuse to recognize a foreign-country judgment on grounds like lack of impartial tribunals in the originating country, inadequate notice to the defendant, or fraud. Under Chapter 36A, the debtor has 30 days after receiving notice of the Texas filing to contest recognition on specific statutory grounds. If your judgment comes from another country, read Chapter 36A before you file.