73R1339 DLF-D
By Uher, et al. H.B. No. 49
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to payment of judgments not claimed by the prevailing
1-3 party.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 31.008, Civil Practice and Remedies Code,
1-6 is amended to read as follows:
1-7 Sec. 31.008. PAYMENT OF UNCLAIMED JUDGMENT. (a) A judgment
1-8 debtor may pay to the court that rendered the judgment the amount
1-9 under the judgment owed to a judgment creditor whose location is
1-10 unknown to the judgment debtor if the judgment debtor complies with
1-11 Subsections <Subsection> (b) and (c). The payment must be made
1-12 without offset or reduction for any claims of the judgment debtor.
1-13 The judgment debtor shall prepare a recordable release of the
1-14 judgment. The judge or clerk of the court shall execute the
1-15 release of the judgment on behalf of the creditor and issue the
1-16 release to the debtor. The release shall recite the cause number,
1-17 the court, the parties, the date of judgment, the amount of
1-18 judgment, the amount paid into the court, and the date of the
1-19 release.
1-20 (b) Before being entitled to pay a judgment to a court under
1-21 Subsection (a), the judgment debtor shall send a letter notifying
1-22 the judgment creditor of the judgment, by registered or certified
1-23 mail, return receipt requested, to:
1-24 (1) the judgment creditor's last known address;
2-1 (2) <and, if different from the creditor's last known
2-2 address, to> the address appearing in the judgment creditor's
2-3 pleadings or other court record, if different from the creditor's
2-4 last known address;
2-5 (3) the address of the judgment creditor's last
2-6 attorney, as shown in the creditor's pleadings or other court
2-7 record; and
2-8 (4) the address of the judgment creditor's last
2-9 attorney, as shown in the records of the State Bar of Texas, if
2-10 that address is different from the address shown in the creditor's
2-11 pleadings or other court record.
2-12 (c) If the judgment creditor does not respond to a <the>
2-13 notice under Subsection (b) on or before the 15th day after the
2-14 date on which the notice was sent, the judgment debtor may file an
2-15 affidavit with the court stating that the judgment debtor has
2-16 provided the required notice, that the judgment creditor has not
2-17 responded to the notice, and that the location of the judgment
2-18 creditor is not known to the judgment debtor.
2-19 (d) <(c)> The court shall hold the amount paid to it by the
2-20 judgment debtor under Subsection (a) and interest earned on that
2-21 amount in trust for the judgment creditor.
2-22 (e) <(d)> The clerk of the court shall deposit the trust
2-23 funds and any interest earned by the funds in the clerk's trust
2-24 fund account. The clerk shall pay the funds and any interest
2-25 earned by the funds to the judgment creditor or to the successors
2-26 to the rights of the judgment creditor. The clerk may presume that
2-27 the funds are payable to the judgment creditor unless the clerk is
3-1 furnished with a written assignment of the judgment.
3-2 (f) <(e)> Funds held in the clerk's trust fund account in
3-3 accordance with this section are subject to escheat under Chapter
3-4 72, Property Code.
3-5 (g) <(f)> In this section:
3-6 (1) "Judgment creditor" means a party in whose favor a
3-7 judgment has been rendered, whether a plaintiff, counterclaimant,
3-8 cross-claimant, third party plaintiff, or other judgment creditor.
3-9 (2) "Judgment debtor" means a party against whom a
3-10 judgment is rendered.
3-11 SECTION 2. This Act applies only to payment of unclaimed
3-12 judgments for which notice is given under Section 31.008(b), Civil
3-13 Practice and Remedies Code, on or after the effective date of this
3-14 Act. Payment of unclaimed judgments for which notice is given
3-15 under Section 31.008, Civil Practice and Remedies Code, before the
3-16 effective date of this Act is governed by the law as it existed
3-17 immediately before the effective date of this Act, and that law is
3-18 continued in effect for that purpose.
3-19 SECTION 3. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended,
3-24 and that this Act take effect and be in force from and after its
3-25 passage, and it is so enacted.