For a petition for enforcement by contempt, see form 31-5.
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
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See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Petition for Enforcement of Property Division
1.Discovery in this case is intended to be conducted under [level 2/level 3] of rule 190 of the Texas Rules of Civil Procedure. [If level 3, see form 5-1.]
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Include 2. if applicable. |
2.Petitioner objects to the assignment of this matter to an associate judge for a trial on the merits or presiding at a jury trial.
3.This suit is brought by [name of petitioner], Petitioner. [The last three numbers of Petitioner’s driver’s license number are [numbers]./Petitioner has not been issued a driver’s license.] [The last three numbers of Petitioner’s Social Security number are [numbers]./Petitioner has not been issued a Social Security number.]
Respondent, [name of respondent], should be served with process [include if applicable: at [address, city, state, zip code]].
4.On [date] this Court rendered [an order/a decree] that appears in the minutes of this Court and states in relevant part as follows:
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Quote portion of the order or decree to be enforced. For example: IT IS FURTHER ORDERED that John Smith deliver to Jane Smith at her residence, between 4:45 p.m. and 5:00 p.m. on March 1, 2020, the twelve place settings of Lenox china, Autumn pattern. |
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Or |
4.On [date] this Court signed [an order/a decree] that appears in the minutes of this Court, the relevant portion[s] of which [is/are] attached as Exhibit [exhibit number/letter].
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Continue with the following. |
Petitioner was the [petitioner/respondent] and Respondent was the [respondent/petitioner] in the prior proceedings.
5.Respondent has failed to comply with the order described above as follows:
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List each specific failure to comply by the respondent in detail, including the date, place, and, if applicable, time of each occasion on which the respondent has not complied. For example: Violation 1. On March 1, 2020, John Smith failed to deliver to Jane Smith at her residence, between 4:45 p.m. and 5:00 p.m., the twelve place settings of Lenox china, Autumn pattern. |
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Select as applicable. |
6.Petitioner prays that the Court order Respondent to deliver [describe specific property] [include if applicable: or an equivalent sum of money] to Petitioner at a date and place certain.
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And/Or |
7.Delivery of [describe property], which was awarded in the [order/decree] previously entered by the Court, is no longer an adequate remedy because [state reasons]. Respondent’s failure to deliver the property has caused damage to Petitioner in the amount of $[amount]. Petitioner prays that the Court award Petitioner a money judgment, including prejudgment and postjudgment interest, against Respondent for those damages caused by Respondent’s failure to deliver the property.
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And/Or |
8.Respondent has not paid to Petitioner money that was awarded in the [order/decree] previously entered by the Court. The amount of unpaid payments to which Petitioner is now entitled is $[amount]. Petitioner prays that the Court award Petitioner a money judgment, including prejudgment and postjudgment interest, against Respondent for that amount, for the unpaid payments to which Petitioner is now entitled.
9.Petitioner requests that, if the Court finds that any part of the order sought to be enforced is not specific enough to be enforced by contempt, the Court enter a clarifying order restating the terms of the order, decree, or judgment in a manner specific enough to allow enforcement by contempt and specifying a reasonable time within which compliance will be required.
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And/Or |
10.Since the date of the [order/decree], several disputes have arisen between Petitioner and Respondent concerning the construction and interpretation of this provision. Petitioner prays that the Court issue a clarifying order to read substantially as follows: [insert new language to be added to previous order or decree]. Petitioner further requests the Court to specify in its clarifying order any other duty, obligation, or act necessary to the enforcement of the [order/decree] and a reasonable time within which compliance will be required.
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Continue with the following. |
11.It was necessary to secure the services of [name of attorney], a licensed attorney, to enforce and protect the rights of [name of petitioner]. Respondent should be ordered to pay reasonable attorney’s fees, expenses, and costs, and a judgment should be rendered in favor of the attorney and against Respondent and be ordered paid directly to the undersigned attorney, who may enforce the judgment in the attorney’s own name. Petitioner requests postjudgment interest as allowed by law.
Petitioner prays that citation and notice issue as required by law, that the Court grant the Petition for Enforcement of Property Division, for attorney’s fees, expenses, costs, and interest, and for all further relief authorized by law.
[Name]
Attorney for Petitioner
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]