Form 14-12

This Affidavit and the Notice of Filing Foreign Judgment (Form 14-13) should be filed at the time a foreign judgment is filed under the Uniform Enforcement of Foreign Judgments Act, Tex. Civ. Prac. & Rem. Code §§ 35.001–.007. The Affidavit, along with a properly authenticated foreign judgment, and the Notice of Filing should be mailed certified and first-class to the judgment debtor at the judgment debtor’s last known address, as stated in the Affidavit. See the related discussion at section 14.34:2 in this chapter.

The manual committee recommends that the attorney not execute any affidavit for a client; see section 19.17:3 in this manual. Texas Civil Practice and Remedies Code section 30.014 requires each party to include partial identification in its initial pleading in a civil action filed in district court, county court, or statutory county court. See form 14-1 for sample language.

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

Affidavit—Filing of Foreign Judgment

BEFORE ME, the undersigned authority, on this day personally appeared [name of affi­ant], who swore on oath that the following facts are true:

“My name is [name of affiant]. I have personal knowledge of the facts stated in this affi­davit. I am authorized to make this affidavit on behalf of Judgment Creditor[s], [name[s] of judgment creditor[s]].

“Judgment Creditor[s] own[s] a judgment against [name of judgment debtor[s]], Judg­ment Debtor[s]. The last known post office address of Judgment Debtor is [address, city, state]. The last known post office address of Judgment Creditor, [name of judgment creditor], is [address, city, state].

“The name and address of the Texas attorney for Judgment Creditor is [name of attor­ney], who may be found at [address, city, state].

“On [date], copies of the following documents were mailed by certified mail and United States first-class mail, return receipt requested, with proper postage paid, to Judgment Debtor at the above stated address for Judgment Debtor. Documents mailed to Judgment Debtor include (1) an exemplified copy of the foreign judgment, (2) this Affidavit, and (3) a notice of filing foreign judgment.”

   
[Name of affiant]
Affiant

SIGNED under oath before me on ________________________________.

   
Notary Public, State of Texas