Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB2918 by Schofield (relating to the collection of certain judgments.), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
The bill would amend the Civil Practice and Remedies Code to provides that, if a judgment creditor has attempted to satisfy the judgment creditor's judgment and the final money judgment remains unsatisfied, the judgment creditor is entitled to hearing on the judgment creditor's motion for the court's assistance under Section 31.002. If notice of the hearing is provided to the judgment debtor, the court would be required to appoint a receiver to enforce the judgment unless the judgment debtor appears and asserts an applicable exemption. The bill would allow a court to issue an order under Section 31.002 without requiring the judgment creditor to prove the existence of specific property.
Based on information provided by the Office of Court Administration, no significant fiscal impact to the state court system is anticipated as a result from implementing the provisions of the bill.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.