For an enforcement order including contempt, see forms 31-7 and 31-10.
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Include the following notice if the order contains unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Enforcement Order
On [date] the Court heard the Petition for Enforcement of Property Division of [name of petitioner], Petitioner.
Appearances
Petitioner, [name of petitioner],
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Select one of the following. |
appeared in person and through attorney of record, [name], and announced ready for trial.
appeared through attorney of record, [name], and announced ready for trial.
appeared in person and announced ready for trial.
Respondent, [name of respondent],
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Select one of the following. |
appeared in person and through attorney of record, [name], and announced ready for trial.
appeared in person and announced ready for trial.
Proceedings
All matters of law and of fact were submitted to the Court, and the Court heard the evidence and considered the pleadings and argument of counsel.
Jurisdiction
The Court finds that it has jurisdiction over the subject matter and the parties in this case. All persons entitled to citation were properly cited.
Record
The making of a record of testimony was waived by the parties with the consent of the Court.
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Or |
The record of testimony was duly reported by [[name, address]/the court reporter for the [designation] Court].
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If clarification is ordered, include the following paragraphs. |
Clarification
The Court finds that certain terms of the [prior order/decree] are not specific enough to be enforced by contempt and should be clarified as ordered below and that [name[s]] should be ordered to comply with the terms of this clarifying order by [date]. The Court further finds that this date is a reasonable time for compliance and that this clarifying order may be enforced by contempt if Respondent fails to comply by the date specified.
IT IS ORDERED that the [prior order/decree] is clarified as follows.
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Set out in specific language the complete terms of the clarifying order. Be sure that the clarifying order does not substantively modify the prior order or decree and that all terms necessary for an enforcement action are incorporated. |
IT IS FURTHER ORDERED that all terms of the [prior order/decree] that are not clarified in this order shall remain in full force and effect. IT IS FURTHER ORDERED that [name[s]] shall comply with the terms of this clarifying order by [date], after which the terms of this clarifying order may be enforced by contempt.
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If enforcement is ordered, include those of the following paragraphs that are applicable. |
Enforcement
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If the respondent is ordered to deliver property, include the following. |
IT IS ORDERED that Respondent deliver [describe property] to Petitioner between the hours of [time] and [time] on [date] at [address].
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If a money judgment is ordered for failure to deliver property, include the following. |
The Court finds that Respondent has failed to deliver [describe property] to Petitioner as ordered, that delivery of the property is no longer an adequate remedy, and that Respondent’s failure to deliver the property has caused damage to Petitioner in the amount of $[amount].
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If money damages are awarded for failure to pay money, include the following. |
The Court finds that Respondent has failed to pay to Petitioner money that was awarded in the prior decree and that the amount of unpaid payments to which Petitioner is now entitled is $[amount].
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If money damages are awarded for failure to deliver property or pay money, include the following. |
IT IS ORDERED that [name of petitioner] is granted judgment against [name of respondent] for [number] dollars ($[amount]), plus prejudgment interest of [number] dollars ($[amount]), for a total judgment of [number] dollars ($[amount]), such judgment bearing interest at [percent] percent per year compounded annually from the date this order is signed, for which let execution issue.
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Continue with the following in all orders. |
IT IS ORDERED that a judgment is awarded to [name of attorney] in the amount of [number] dollars ($[amount]) for reasonable attorney’s fees, expenses, and costs incurred by [name of party], with interest at [percent] percent per year compounded annually from the date the judgment is signed until paid. The judgment, for which let execution issue, is awarded against [name of respondent], Respondent, and Respondent is ORDERED to pay the fees, expenses, costs, and interest, by cash, cashier’s check, or money order, directly to [name of attorney] at [address] on or before [date]. [Name of attorney] may enforce this judgment for fees, expenses, and costs in [his/her] own name by any means available for the enforcement of a judgment for debt.
IT IS FURTHER ORDERED that costs of court of [number] dollars ($[amount]) are taxed against [name of respondent], and [name of respondent] is ORDERED to pay those costs, by cash, cashier’s check, or money order, to [name], [the District Clerk of [county] County, Texas/Petitioner/Petitioner’s attorney], at [address] on or before [time] on [date].
Relief Not Granted
All relief requested and not expressly granted is denied.
SIGNED on ___________________________________.
JUDGE PRESIDING