CIVIL PRACTICE AND REMEDIES CODE CHAPTER 31. JUDGMENTS (2022)

CIVIL PRACTICE AND REMEDIES CODE

TITLE 2. TRIAL, JUDGMENT, AND APPEAL

SUBTITLE C. JUDGMENTS

CHAPTER 31. JUDGMENTS

Sec. 31.001. PASSAGE OF TITLE. A judgment for the conveyance of real property or the delivery of personal property may pass title to the property without additional action by the party against whom the judgment is rendered.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 31.002. COLLECTION OF JUDGMENT THROUGH COURT PROCEEDING. (a) A judgment creditor is entitled to aid from a court of appropriate jurisdiction, including a justice court, through injunction or other means in order to reach property to obtain satisfaction on the judgment if the judgment debtor owns property, including present or future rights to property, that is not exempt from attachment, execution, or seizure for the satisfaction of liabilities.

(b) The court may:

(1) order the judgment debtor to turn over nonexempt property that is in the debtor's possession or is subject to the debtor's control, together with all documents or records related to the property, to a designated sheriff or constable for execution;

(2) otherwise apply the property to the satisfaction of the judgment; or

(3) appoint a receiver with the authority to take possession of the nonexempt property, sell it, and pay the proceeds to the judgment creditor to the extent required to satisfy the judgment.

(c) The court may enforce the order by contempt proceedings or by other appropriate means in the event of refusal or disobedience.

(d) The judgment creditor may move for the court's assistance under this section in the same proceeding in which the judgment is rendered or in an independent proceeding.

(e) The judgment creditor is entitled to recover reasonable costs, including attorney's fees.

(f) A court may not enter or enforce an order under this section that requires the turnover of the proceeds of, or the disbursement of, property exempt under any statute, including Section 42.0021, Property Code. This subsection does not apply to the enforcement of a child support obligation or a judgment for past due child support.

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(g) With respect to turnover of property held by a financial institution in the name of or on behalf of the judgment debtor as customer of the financial institution, the rights of a receiver appointed under Subsection (b)(3) do not attach until the financial institution receives service of a certified copy of the order of receivership in the manner specified by Section 59.008, Finance Code.

(h) A court may enter or enforce an order under this section that requires the turnover of nonexempt property without identifying in the order the specific property subject to turnover.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 1015, Sec. 1, eff. June 15, 1989; Acts 1999, 76th Leg., ch. 344, Sec. 7.002, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 52 (H.B. 729), Sec. 1, eff. May 17, 2005.

Acts 2017, 85th Leg., R.S., Ch. 996 (H.B. 1066), Sec. 1, eff. June 15, 2017.

Acts 2019, 86th Leg., R.S., Ch. 1221 (S.B. 2364), Sec. 1, eff. September 1, 2019.

Sec. 31.0025. AUTHORITY OF COURT TO ORDER TURNOVER OF WAGES. (a) Notwithstanding any other law, a court may not, at any time before a judgment debtor is paid wages for personal services performed by the debtor, enter or enforce an order that requires the debtor or any other person to turn over the wages for the satisfaction of the judgment.

(b) This section applies to wages in any form, including paycheck, cash, or property.

(c) This section does not apply to the enforcement of a child support obligation or a judgment for past due child support.

Added by Acts 1991, 72nd Leg., ch. 671, Sec. 1, eff. Aug. 26, 1991.

Sec. 31.003. JUDGMENT AGAINST PARTNERSHIP. If a suit is against several partners who are jointly indebted under a contract and citation has been served on at least one but not all of the partners, the court may render judgment against the partnership and against the partners who were actually served, but may not award a personal judgment or execution against any partner who was not served.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 31.004. EFFECT OF ADJUDICATION IN LOWER TRIAL COURT. (a) A judgment or a determination of fact or law in a proceeding in a lower trial court is not res judicata and is not a basis for estoppel by judgment in a proceeding in a district court, except that a judgment rendered in a lower trial court is binding on the parties thereto as to recovery or denial of recovery.

(b) This section does not apply to a judgment in probate, guardianship, mental health , or other matter in which a lower trial court has exclusive subject matter jurisdiction on a basis other than the amount in controversy.

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(c) For the purposes of this section, a "lower trial court" is a small claims court, a justice of the peace court, a county court, or a statutory county court.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 167, Sec. 3.07(a), eff. Sept. 1, 1987.

Sec. 31.005. EFFECT OF ADJUDICATION IN SMALL CLAIMS OR JUSTICE OF THE PEACE COURT. A judgment or a determination of fact or law in a proceeding in small claims court or justice of the peace court is not res judicata and does not constitute a basis for estoppel by judgment in a proceeding in a county court or statutory county court, except that the judgment rendered is binding on the parties thereto as to recovery or denial of recovery.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 31.006. REVIVAL OF JUDGMENT. A dormant judgment may be revived by scire facias or by an action of debt brought not later than the second anniversary of the date that the judgment becomes dormant.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 935, Sec. 1, eff. Sept. 1, 1995.

Sec. 31.007. PARTIES RESPONSIBLE FOR ACCOUNTING OF OWN COSTS. (a) Each party to a suit shall be responsible for accurately recording all costs and fees incurred during the course of a lawsuit, if the judgment is to provide for the adjudication of such costs. If the judgment provides that costs are to be borne by the party by whom such costs were incurred, it shall not be necessary for any of the parties to present a record of court costs to the court in connection with the entry of a judgment.

(b) A judge of any court may include in any order or judgment all costs, including the following:

(1) fees of the clerk and service fees due the county;

(2) fees of the court reporter for the original of stenographic transcripts necessarily obtained for use in the suit;

(3) masters, interpreters, and guardians ad litem appointed pursuant to these rules and state statutes; and

(4) such other costs and fees as may be permitted by these rules and state statutes.

Added by Acts 1987, 70th Leg., ch. 663, Sec. 3, eff. Sept. 1, 1987.

Sec. 31.008. PAYMENT OF UNCLAIMED JUDGMENT. (a) A judgment debtor may pay to the court that rendered the judgment the amount under the judgment owed to a judgment creditor whose location is unknown to the judgment debtor if the judgment debtor complies with Subsections (b) and (c). The payment must be made without offset or reduction for any claims of the judgment debtor. The judgment debtor shall prepare a recordable release of the judgment. The judge or clerk of the court shall execute the release of the judgment on behalf of the creditor and issue the release to the debtor. The release shall recite the cause number, the court, the parties, the date of judgment, the amount of judgment, the amount paid into the court, and the date of the release.

(b) Before being entitled to pay a judgment to a court under Subsection (a), the judgment debtor shall send a letter notifying the judgment creditor of the judgment, by registered or certified mail, return receipt requested, to:

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(1) the judgment creditor's last known address;

(2) the address appearing in the judgment creditor's pleadings or other court record, if different from the creditor's last known address;

(3) the address of the judgment creditor's last attorney, as shown in the creditor's pleadings or other court record; and

(4) the address of the judgment creditor's last attorney, as shown in the records of the State Bar of Texas, if that address is different from the address shown in the creditor's pleadings or other court record.

(c) If the judgment creditor does not respond to a notice under Subsection (b) on or before the 15th day after the date on which the notice was sent, the judgment debtor may file an affidavit with the court stating that the judgment debtor has provided the required notice, that the judgment creditor has not responded to the notice, and that the location of the judgment creditor is not known to the judgment debtor.

(d) The court shall hold the amount paid to it by the judgment debtor under Subsection (a) and interest earned on that amount in trust for the judgment creditor.

(e) The clerk of the court shall deposit the trust funds and any interest earned by the funds in the clerk's trust fund account. The clerk shall pay the funds and any interest earned by the funds to the judgment creditor or to the successors to the rights of the judgment creditor. The clerk may presume that the funds are payable to the judgment creditor unless the clerk is furnished with a written assignment of the judgment.

(f) Funds held in the clerk's trust fund account in accordance with this section are subject to escheat under Chapter 72, Property Code.

(g) If the judgment debtor complies with Subsections (b) and (c) and the judgment creditor refuses to accept payment of the amount under the judgment or accepts payment under the judgment and refuses to execute a release of judgment, the court shall set the matter for hearing on a party's motion or on the court's own motion to determine whether or not a release should be filed. On notice and hearing the court may direct the judgment debtor to prepare and file a recordable release of the judgment with the clerk of the court if the court finds that:

(1) the amount under the judgment has been paid into the registry of the court; or

(2) the judgment creditor has accepted payment under the judgment and refused to execute a release of judgment.

(h) In this section:

(1) "Judgment creditor" means a party in whose favor a judgment has been rendered, whether a plaintiff, counterclaimant, cross-claimant, third party plaintiff, or other judgment creditor.

(2) "Judgment debtor" means a party against whom a judgment is rendered.

Added by Acts 1991, 72nd Leg., ch. 730, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1993, 73rd Leg., ch. 163, Sec. 1, eff. Aug. 30, 1993; Acts 2001, 77th Leg., ch. 656, Sec. 1, eff. Sept. 1, 2001.

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Sec. 31.010. TURNOVER BY FINANCIAL INSTITUTION. (a) A financial institution that receives a request to turn over assets or financial information of a judgment debtor to a judgment creditor or a receiver under a turnover order or receivership under Section 31.002 shall be provided and may rely on:

(1) a certified copy of the order or injunction of the court; or

(2) a certified copy of the order of appointment of a receiver under Section 64.001, including a certified copy of:

(A) any document establishing the qualification of the receiver under Section 64.021;

(B) the sworn affidavit under Section 64.022; and

(C) the bond under Section 64.023.

(b) A financial institution that complies with this section is not liable for compliance with a court order, injunction, or receivership authorized by Section 31.002 to:

(1) the judgment debtor;

(2) a party claiming through the judgment debtor;

(3) a co-depositor with the judgment debtor; or

(4) a co-borrower with the judgment debtor.

(c) A financial institution that complies with this section is entitled to recover reasonable costs, including copying costs, research costs, and, if there is a contest, reasonable attorney's fees.

(d) In this section, "financial institution" means a state or national bank, state or federal savings and loan association, state or federal savings bank, state or federal credit union, foreign bank, foreign bank agency, or trust company.

Added by Acts 1999, 76th Leg., ch. 892, Sec. 1, eff. Sept. 1, 1999.

CIVIL PRACTICE AND REMEDIES CODETITLE 2. TRIAL, JUDGMENT, AND APPEALSUBTITLE C. JUDGMENTSCHAPTER 31. JUDGMENTSSec. 31.001. PASSAGE OF TITLE. A judgment for the conveyance of real property or the delivery of personal property may pass title to the property without additional action by the party again...

(a) A judgment creditor is entitled to aid from a court of appropriate jurisdiction, including a justice court, through injunction or other means in order to reach property to obtain satisfaction on the judgment if the judgment debtor owns property, including present or future rights to property, that is not exempt from attachment, execution, or seizure for the satisfaction of liabilities.. (d) The judgment creditor may move for the court's assistance under this section in the same proceeding in which the judgment is rendered or in an independent proceeding.. (a) Notwithstanding any other law, a court may not, at any time before a judgment debtor is paid wages for personal services performed by the debtor, enter or enforce an order that requires the debtor or any other person to turn over the wages for the satisfaction of the judgment.. (a) A judgment or a determination of fact or law in a proceeding in a lower trial court is not res judicata and is not a basis for estoppel by judgment in a proceeding in a district court, except that a judgment rendered in a lower trial court is binding on the parties thereto as to recovery or denial of recovery.. A judgment or a determination of fact or law in a proceeding in small claims court or justice of the peace court is not res judicata and does not constitute a basis for estoppel by judgment in a proceeding in a county court or statutory county court, except that the judgment rendered is binding on the parties thereto as to recovery or denial of recovery.. If the judgment provides that costs are to be borne by the party by whom such costs were incurred, it shall not be necessary for any of the parties to present a record of court costs to the court in connection with the entry of a judgment.. (a) A judgment debtor may pay to the court that rendered the judgment the amount under the judgment owed to a judgment creditor whose location is unknown to the judgment debtor if the judgment debtor complies with Subsections (b) and (c).. The release shall recite the cause number, the court, the parties, the date of judgment, the amount of judgment, the amount paid into the court, and the date of the release.. (b) Before being entitled to pay a judgment to a court under Subsection (a), the judgment debtor shall send a letter notifying the judgment creditor of the judgment, by registered or certified mail, return receipt requested, to:. (c) If the judgment creditor does not respond to a notice under Subsection (b) on or before the 15th day after the date on which the notice was sent, the judgment debtor may file an affidavit with the court stating that the judgment debtor has provided the required notice, that the judgment creditor has not responded to the notice, and that the location of the judgment creditor is not known to the judgment debtor.. (g) If the judgment debtor complies with Subsections (b) and (c) and the judgment creditor refuses to accept payment of the amount under the judgment or accepts payment under the judgment and refuses to execute a release of judgment, the court shall set the matter for hearing on a party's motion or on the court's own motion to determine whether or not a release should be filed.. On notice and hearing the court may direct the judgment debtor to prepare and file a recordable release of the judgment with the clerk of the court if the court finds that:. (2) the judgment creditor has accepted payment under the judgment and refused to execute a release of judgment.. (1) "Judgment creditor" means a party in whose favor a judgment has been rendered, whether a plaintiff, counterclaimant, cross-claimant, third party plaintiff, or other judgment creditor.. (a) A financial institution that receives a request to turn over assets or financial information of a judgment debtor to a judgment creditor or a receiver under a turnover order or receivership under Section 31.002 shall be provided and may rely on:

CIVIL PRACTICE AND REMEDIES CODE

A judgment for the conveyance of real property or the delivery of personal property may pass title to the property without additional action by the party against whom the judgment is rendered.. (a) A judgment creditor is entitled to aid from a court of appropriate jurisdiction through injunction or other means in order to reach property to obtain satisfaction on the judgment if the judgment debtor owns property, including present or future rights to property, that:. (f) A court may not enter or enforce an order under this section that requires the turnover of the proceeds of, or the disbursement of, property exempt under any statute, including Section 42.0021, Property Code.. (c) For the purposes of this section, a "lower trial court" is a small claims court, a justice of the peace court, a county court, or a statutory county court.. (a) Each party to a suit shall be responsible for accurately recording all costs and fees incurred during the course of a lawsuit, if the judgment is to provide for the adjudication of such costs.. (1) fees of the clerk and service fees due the county;. (a) A judgment debtor may pay to the court that rendered the judgment the amount under the judgment owed to a judgment creditor whose location is unknown to the judgment debtor if the judgment debtor complies with Subsections (b) and (c).. The judgment debtor shall prepare a recordable release of the judgment.. (c) If the judgment creditor does not respond to a notice under Subsection (b) on or before the 15th day after the date on which the notice was sent, the judgment debtor may file an affidavit with the court stating that the judgment debtor has provided the required notice, that the judgment creditor has not responded to the notice, and that the location of the judgment creditor is not known to the judgment debtor.. (g) If the judgment debtor complies with Subsections (b) and (c) and the judgment creditor refuses to accept payment of the amount under the judgment or accepts payment under the judgment and refuses to execute a release of judgment, the court shall set the matter for hearing on a party's motion or on the court's own motion to determine whether or not a release should be filed.. On notice and hearing the court may direct the judgment debtor to prepare and file a recordable release of the judgment with the clerk of the court if the court finds that:. (2) the judgment creditor has accepted payment under the judgment and refused to execute a release of judgment.. (2) "Judgment debtor" means a party against whom a judgment is rendered.. (1) the judgment debtor;. (2) a party claiming through the judgment debtor;

Civil practice and remedies code title 2 trial judgment and appeal subtitle c judgments chapter 31 judgments sec 31 001

... as required by the Texas Rules of Civil Procedure or sells property in a manner other than that prescribed by this chapter and the Texas Rules of Civil Procedure ..... (2) "Judgment debtor" and "judgment creditor" have the meanings assigned by Section 31.008(h), Civil Practice and Remedies Code.. (i) The supreme court shall adopt rules to provide that the right of an appellant under Section 6.001(b)(1), (2), or (3), Civil Practice and Remedies Code, to supersede a judgment or order on appeal is not subject to being counter-superseded under Rule 24.2(a)(3), Texas Rules of Appellate Procedure, or any other rule.. Chapter 63 of the Texas Civil Practice and Remedies Code is the state law that governs garnishment proceedings.. If the judgment creditor cannot recover the debt from any of the above methods, the creditor may request a Turnover Order pursuant to Section 31.002 of the Texas Civil Practice and Remedies Code... Many state court civil cases produce quick default judgments or pretrial settlements, but even considering only cases that actually go to trial, state courts are the dominant forum for civil cases.. In law, common law, also known as judicial precedent, judge-made law, or case law, is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions.

A discussion of judgments in Texas needs to be broadly divided into two parts: first, the process of obtaining a judgment and second, collecting the money owed.

Another method of collecting on a judgment, beside traditional execution and a constable sale, is to file an independent suit to enforce it (which usually takes the form of an in rem action against land), but this does not change the reality that many individual borrowers will simply not have sufficient assets that lie outside the protective parameters established by Texas exemption and homestead laws.. In order to constitute a lien, an abstract of the judgment must be properly recorded and indexed in compliance with Property Code Section 52.001 et seq.. Either way, the abstract must substantially comply with the requirements of Property Code Section 52.003 (including providing a list of specific information such as names, addresses, amount of the judgment, and so forth) or no lien attaches.. (3) Appraisal district websites, although not as reliable as the county clerk’s real property records, can reveal whether or not a judgment debtor is being taxed on property other than a homestead (which is exempt from execution of course).. If actionable information is obtained, the judgment creditor can approach the court and request a writ of attachment, Tex.. Other mechanisms available to the judgment creditor include a writ of possession or, for personal property, writs of garnishment and sequestration.. P. 628 “upon the filing of an affidavit by the plaintiff in the judgment or his agent or attorney that the defendant is about to remove his personal property subject to execution by law out of the county, or is about to transfer or secrete such personal property for the purpose of defrauding his creditors.”. Certain personal property is also exempt under Chapter 42 of the Property Code.. A homestead is exempt from forced sale so long as the property remains the homestead of the debtor.. Section 52.0012 provides for the filing of an Affidavit that must substantially comply with the requirements appearing in this section of the Property Code.. Section 31.002 states that a “judgment creditor is entitled to aid from a court of appropriate jurisdiction through injunction or other means in order to reach [non-exempt] property to obtain satisfaction on the judgment if the judgment debtor owns property, including present or future rights to property that .. Enforcement of “foreign judgments” is governed by Civil Practice & Remedies Code Chapter 35, also referred to as the “Uniform Enforcement of Foreign Judgments Act” or “UEFJA.” The UEFJA provides that a foreign judgment may be authenticated as follows: (a) at the time the foreign judgment is filed, the judgment creditor or the judgment creditor’s attorney must file with the clerk of court an affidavit showing the name and last known address of the judgment debtor and the judgment creditor; (b) the clerk then mails notice of the filing of the foreign judgment to the judgment debtor at the address given; and (c) the notice must include the name and address of the judgment creditor and, if the judgment creditor has an attorney in Texas, the attorney’s name and address.. The result is that a foreign judgment may be enforced and collected in Texas just as any other judgment, with one limitation: Civil Practice & Remedies Code Section 16.066(b) provides that the foreign judgment may not be enforced in Texas if 10 years have passed since the judgment was rendered in its home state or after the judgment debtor has resided in Texas for 10 years.

Texas Judgement records are documents containing the final decree of a judicial authority following a legal proceeding. Learn the components of a judgement record in Texas, the relevance of a record in collecting a judgement, how to enforce a judgement as well as the eligibility requirements for accessing, viewing or copying these records per Texas state law.

The Texas State courts keep records of the various matters before it and the judgments that apply to them.. In cases where the judgment involves payment of money, the court determines who the judgment debt is on and the duration for the person to pay up.. A judgment lien in Texas is provided for in Chapter 52 of the Texas Property Code , and it gives the judgment creditor a right to payment from the sale of the debtor’s property.. The best way to find out if there are outstanding judgments is to search through court records which are public information.. To enforce the judgment of a court in Texas, the judgment creditor may file a judgment lien.. The judgment creditor may also make the debtor pay and make the debtor reimburse the cost of debt collection.. In Texas, a creditor cannot enforce a judgment against the debtor’s personal property under Chapter 42 of the Texas Property Code .. The judgment debtor may file a "Homestead Affidavit of Release of Judgment Lien" on the property, following the procedure in section 52.0012 of the Texas Property Code.

It is legal for an individual to carry pepper spray in Texas. The pepper spray should be in a small chemical dispenser. Some venues, such as courthouses and schools, do not allow pepper spray on site. An individual who assaults a victim with pepper spray may be charged with a Class A misdemeanor.

An individual may not use pepper spray to commit an act of assault or bring a canister of pepper spray into an area that prohibits this weapon.. An individual may use pepper spray or threaten to use pepper spray for defense purposes when their safety is threatened or to protect another person.. They also commit assault if they intentionally or knowingly threaten another person with imminent bodily injury or intentionally or knowingly cause physical contact with another person, such as if the holder of the pepper spray knows or should reasonably believed that the other person will regard the contact as offensive or provocative.. A private security officer who has received training for the use of a chemical dispensing device that is provided by the Texas Commission on Law Enforcement or approved by the Texas Private Security Board is allowed to carry a chemical dispensing device that contains pepper spray.. Generally, a victim would have to establish that a peace officer was using pepper spray in an unlawful manner or outside their capacity as a law enforcement officer, and not to defend themselves or others, in order to have the court rule in their favor.

(a) Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with or without notice. But after an appeal has been docketed in the appellate court and while it is pending, such a mistake may be corrected only with the appellate court's leave.

When promulgated, the rules contained a number of provisions, including those found in Rule 60(b), describing the practice by a motion to obtain relief from judgments, and these rules, coupled with the reservation in Rule 60(b) of the right to entertain a new action to relieve a party from a judgment, were generally supposed to cover the field.. Since the rules have been in force, decisions have been rendered that the use of bills of review, coram nobis , or audita querela , to obtain relief from final judgments is still proper, and that various remedies of this kind still exist although they are not mentioned in the rules and the practice is not prescribed in the rules.. Various rules, such as the one dealing with a motion for new trial and for amendment of judgments, Rule 59, one for amended findings, Rule 52, and one for judgment notwithstanding the verdict, Rule 50(b), and including the provisions of Rule 60(b) as amended, prescribe the various types of cases in which the practice by motion is permitted.. It endeavored then to amend the rules to permit, either by motion or by independent action, the granting of various kinds of relief from judgments which were permitted in the federal courts prior to the adoption of these rules, and the amendment concludes with a provision abolishing the use of bills of review and the other common law writs referred to, and requiring the practice to be by motion or by independent action.. Therefore, to permit relief by a motion similar to that heretofore obtained on bill of review, Rule 60(b) as amended permits an application for relief to be made by motion, on the ground of newly discovered evidence, within one year after judgment.. The addition of the qualifying word “final” emphasizes the character of the judgments, orders or proceedings from which Rule 60(b) affords relief; and hence interlocutory judgments are not brought within the restrictions of the rule, but rather they are left subject to the complete power of the court rendering them to afford such relief from them as justice requires.

Last Updated August 02, 2022

Recognition and enforcement of judgments under this convention shall take place without a review of the merits of the judgment rendered by the court of origin, provided that the judgment is also enforceable in the state of origin.. If the enforcement of a foreign judgment is sought on the basis of an international convention, the New Code of Civil Procedure states that the Luxembourg Court of Appeal may order a stay of proceedings if the foreign judgment has been subject to an appeal in the state of origin.. the foreign court order must be enforceable in the country of origin; the court of origin must have had jurisdiction both according to its own domestic laws and to the Luxembourg conflict of jurisdiction rules; there must be regularity of the procedural rules in light of the laws of the country of origin; the foreign procedure and decision must not have violated the rights of defence and due process norms; the foreign court must have applied the law which is designated by the Luxembourg conflict of laws rules, or, at least, the order must not contravene the principles underlying these rules; the considerations of the foreign order as well as the judgment as such must not contravene Luxembourg international public order; the foreign order must not have been rendered subsequent to an evasion of Luxembourg law ( fraude à la loi ).. Furthermore, as for foreign judgments, in order for an arbitral award to be granted enforcement by a Luxembourg court, the award must be enforceable in its country of origin.. If annulment proceedings have been initiated against the arbitral award in its country of origin, it is very likely that the Luxembourg courts will order a stay of proceedings regarding the enforcement proceedings in Luxembourg (Luxembourg Court of Appeal, 25 June 2015).. As foreign arbitral awards cannot be annulled in Luxembourg, the party seeking to challenge the enforcement order must file an appeal against the enforcement order before the court of appeal.. the award violates public policy; the dispute was not allowed to be settled by arbitration; there was no valid arbitration agreement; the arbitral tribunal exceeded its jurisdiction or its powers; the arbitral tribunal has failed to rule on one or more points in the dispute and if the omitted points cannot be separated from the points that were ruled on; the award was made by an arbitral tribunal that was improperly constituted; there has been a violation of the rights of the defence; the award is not reasoned unless the parties have expressly agreed that the arbitrators may not give motivation; the award contains conflicting provisions; the award was obtained by fraud; the award is based on evidence declared false by an irrevocable court decision or on evidence recognised as false; since the date the award was rendered, a document or other evidence has been discovered which would have had a crucial influence on the award and which had been deliberately withheld by the opposing party.

Last Updated August 02, 2022

A defendant in Puerto Rico may challenge enforcement under PR Rule 49.2 which states that the court may release a party from a judgment, order or proceeding for the following reasons:. In doing so, it concluded that judgments entered by federal courts in the USA are not enforceable in Puerto Rico’s state courts because they do not constitute foreign judgments and were not issued by a state court.. Foreign judgments in Puerto Rico shall not be enforced if they do not comply with the requirements set forth in PR Rule 55 for Puerto Rico state courts to validate a judgment issued by a court in a state within the USA or its territories:. Costs to Confirm and Enforce Arbitral Awards in Puerto Rico Federal Courts. Section 9 of the FAA states that if the parties have agreed that a judgment shall be entered upon the award, then at any time after one year after the award is issued, any party may request the court for an order confirming the award (9 USC Section 9).

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