Form 31-6

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Answer to Petition for Enforcement of Property Division by Contempt

This Answer to Petition for Enforcement of Property Division by Contempt is filed by [name of respondent], Respondent. [The last three numbers of Respondent’s driver’s license number are [numbers]./Respondent has not been issued a driver’s license.] [The last three numbers of Respondent’s Social Security number are [numbers]./Respondent has not been issued a Social Security number.]

1.Respondent objects to the assignment of this matter to an associate judge for a trial on the merits or presiding at a jury trial.

2.Respondent denies the allegations of the Petition for Enforcement of Property Division by Contempt.

3.The order sought to be enforced is incapable of enforcement, in that it is ambigu­ous and is not clear and specific enough in its terms that Respondent knows what duties or obligations are required.

4.Respondent has had insufficient notice of the hearing set on Petitioner’s Petition for Enforcement of Property Division by Contempt and has had insufficient time to prepare to respond to the petition. In the interest of justice, hearing on Petitioner’s petition should be delayed and reset.

5.Petitioner’s Petition for Enforcement of Property Division by Contempt is barred by the statutes of limitations.

6.It was necessary to secure the services of [name of attorney], a licensed attorney, to enforce and protect the rights of [name of respondent]. Petitioner 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 Petitioner and be ordered paid directly to the undersigned attorney, who may enforce the judgment in the attorney’s own name. Respondent requests postjudg­ment interest as allowed by law.

Respondent prays that the Court deny Petitioner’s Petition for Enforcement of Property Division by Contempt and that Respondent recover all attorney’s fees and costs incurred.

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

Certificate of Service

I certify that a true copy of this [document/[title of document]] was served in accor­dance with rule 21a of the Texas Rules of Civil Procedure on the following on [date]:

[Name of attorney of record or party to be served] by [electronic filing manager/e-mail at [e-mail address]/fax at [fax number]/personal delivery at [address]/commercial delivery service at [address]/certified mail at [address]/first-class mail at [address]]. [Repeat for each attorney of record or party to be served.]

   
[Name]
Attorney for Respondent