By Jones of Bexar H.B. No. 2557
77R8952 DAK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the payment of certain judgments.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 31.008, Civil Practice and Remedies Code,
1-5 is amended by amending Subsections (a) and (g) and adding
1-6 Subsection (h) to read as follows:
1-7 (a) A judgment debtor who complies with Subsections (b) and
1-8 (c) 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 or who refuses to accept payment of
1-11 the amount under the judgment [if the judgment debtor complies with
1-12 Subsections (b) and (c)]. The payment must be made without offset
1-13 or reduction for any claims of the judgment debtor. The judgment
1-14 debtor shall prepare a recordable release of the judgment except
1-15 that if the judgment creditor refuses to accept payment, the clerk
1-16 of the court shall issue a recordable release of judgment. The
1-17 judge or clerk of the court shall execute a [the] release of the
1-18 judgment under this subsection on behalf of the creditor and issue
1-19 the release to the debtor. The release shall recite the cause
1-20 number, the court, the parties, the date of judgment, the amount of
1-21 judgment, the amount paid into the court, and the date of the
1-22 release.
1-23 (g) If a judgment creditor refuses to accept payment of the
1-24 amount under the judgment or accepts payment under the judgment and
2-1 refuses to execute a release of judgment, the court may set the
2-2 matter for hearing on a party's motion or on the court's own motion
2-3 to determine whether or not a release should be issued. On notice
2-4 and hearing the court may direct the clerk of the court to issue a
2-5 release of judgment if the court finds that:
2-6 (1) the amount under the judgment has been paid into
2-7 the court; or
2-8 (2) the judgment creditor has accepted payment under
2-9 the judgment and refuses to execute a release of judgment.
2-10 (h) In this section:
2-11 (1) "Judgment creditor" means a party in whose favor a
2-12 judgment has been rendered, whether a plaintiff, counterclaimant,
2-13 cross-claimant, third party plaintiff, or other judgment creditor.
2-14 (2) "Judgment debtor" means a party against whom a
2-15 judgment is rendered.
2-16 SECTION 2. This Act takes effect September 1, 2001, and
2-17 applies only to the payment of any judgment on or after that date,
2-18 without regard to whether the judgment was entered before, on, or
2-19 after that date.