Relating to the collection or execution of certain judgments; authorizing fees.
Impact
SB3009 modifies key sections of the Civil Practice and Remedies Code. One notable change is the introduction of fee structures, allowing justice courts to charge fees for motions related to assisting in judgment collections, capped at $25. The bill also clarifies the conditions under which a judgment becomes dormant, providing a clearer framework for creditors to revive judgments that have not been acted upon within a specified timeframe, thus impacting the overall enforcement process in Texas.
Summary
Senate Bill 3009 addresses the processes surrounding the collection and enforcement of certain judgments in the state of Texas. This legislation amends existing laws to introduce provisions for the appointment of receivers when judgment creditors cannot obtain satisfaction on their judgments. Specifically, it mandates that within six months of a judgment being rendered, if a judgment creditor requests a receiver, the justice court must either grant that request or schedule a hearing on it, enhancing the ability for creditors to recover owed amounts effectively.
Contention
While the bill aims to streamline and augment the enforcement of judgments, it does raise potential concerns among various advocacy groups. There may be apprehensions regarding the implications of these procedural changes on individuals subjected to judgment enforcement, particularly regarding the appointment of receivers. Critics may argue that increased fees and stringent enforcement measures could disproportionately affect low-income individuals, especially in cases like child support obligations, which the bill explicitly states will have distinct enforcement pathways.
To Abolish The Use Of A Writ Of Scire Facias As The Means Of Reviving An Outstanding Judgment; To Allow A Judgment To Be Revived By Notice; And To Amend The Law Concerning The Fees To Be Charged By Clerks Of The Circuit Courts.