Form 14-14

This petition should be used to commence an independent action. A properly authenticated copy of the sister-state judgment and bill of costs must be attached. The attorney should ascertain the accuracy of the statements in this petition regarding sister-state courts and modify the petition as appropriate. The plaintiff will almost always have incurred postjudgment costs in the foreign jurisdiction. In the rare case in which judgment for such costs is not sought, paragraph 4. and the prayer must be modified. See Tex. Fin. Code §§ 304.002–.003 and section 20.11 in this manual regarding postjudgment interest. See section 14.2 regarding exercising caution in pleading conditions precedent.

Texas Civil Practice and Remedies Code section 30.014(a) requires certain parties to include partial identification information in initial pleadings in civil actions filed in district, county, or statutory county courts. A court may order that an initial pleading be amended to contain this information if the court determines that the pleading does not contain the information. Tex. Civ. Prac. & Rem. Code § 30.014(b).

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Petition for Suit on Foreign Judgment

1.Discovery Level.      The damages sought are within the jurisdictional limits of this Court. Tex. R. Civ. P. 47(b). This lawsuit seeks only monetary relief aggregating $100,000 or less. Tex. R. Civ. P. 47(c)(1). Discovery is intended to be conducted under Level 1. Tex. R. Civ. P. 190.2.

2.Parties.      Plaintiff is [name of plaintiff]. [The last three numbers of Plaintiff’s driver’s license number are [numbers]./Plaintiff has not been issued a driver’s license.] [The last three numbers of Plaintiff’s Social Security number are [numbers]./Plaintiff has not been issued a Social Security number.] Plaintiff’s address is [address, city, state]. Defendant is [name of defendant], who can be served with citation at [address, city, state].

3.Facts.      Attached to this petition as Exhibit [exhibit number/letter] is a properly authenticated copy of a judgment against Defendant granted Plaintiff in a court of a sister state (“sister-state judgment”). The sister-state judgment is incorporated in this petition by refer­ence. Defendant was duly served with citation in that cause, in accordance with the rules of procedure and the laws of that state. The court that rendered the sister-state judgment is a court of general jurisdiction and was created and organized under the laws of that state. The sister-state judgment is final, valid, and subsisting and is entitled to be accorded full faith and credit by the courts of Texas.

4.Enforcement.      Plaintiff is entitled to enforcement of the sister-state judgment as well as postjudgment interest accruing on it. Plaintiff has also been required to pay costs of court in addition to those awarded in the sister-state judgment. A properly authenticated bill of costs is attached as Exhibit [exhibit number/letter] and incorporated by reference.

5.Conditions Precedent.      All conditions precedent have been performed or have occurred.

6.Prayer.      Plaintiff prays that—

a.Defendant be cited to appear and answer;

b.the Court grant full faith and credit to the sister-state judgment and grant judgment for all amounts, including prejudgment and postjudgment interest, due under it;

c.Plaintiff be granted judgment for all postjudgment costs incurred in the state in which Plaintiff obtained the judgment that is the subject of this action, as shown on Exhibit [exhibit number/letter];

d.Plaintiff be granted judgment for all costs incurred in this Court;

e.Plaintiff be granted judgment for postjudgment interest on the total amount of the judgment of this Court at the rate of [percent] percent per year from the date of the judgment until paid; and

f.Plaintiff be granted all further relief to which Plaintiff may be entitled.

   
[Name]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]