Form 33-71

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Petition to Enforce Foreign Judgment

This Petition to Enforce Foreign Judgment and the attached foreign judgment and affi­davit are filed under the Uniform Enforcement of Foreign Judgments Act, chapter 35 of the Texas Civil Practice and Remedies Code, 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.]

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.]

Preservation of Evidence: Respondent is put on notice to preserve and not destroy, con­ceal, or alter any evidence or potential evidence relevant to the issues in this case, including tangible documents or items in Respondent’s possession or subject to Respondent’s control and electronic documents, files, or other data generated by or stored on Respondent’s home computer, work computer, storage media, portable systems, electronic devices, online reposi­tories, or cell phone.

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.A properly authenticated copy of the [describe judgment, decree, or order] is attached as Exhibit [exhibit number/letter] and is entitled to full faith and credit.

4.The [describe judgment, decree, or order] is final and not subject to modification.

5.Respondent, [name of respondent], has [describe respondent’s noncompliance], and Petitioner seeks enforcement.

Petitioner prays that this judgment of the [designation] Court of the state of [state] be accorded full faith and credit and have the same effect as a judgment of this Court.

   
[Name]
Attorney for Petitioner
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]

Supporting Affidavit

[Name of judgment creditor or attorney] appeared in person before me today and stated under oath:

“1.    My name is [name]. I am above the age of eighteen years, and I am fully compe­tent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. [State basis for affiant’s personal knowledge of facts alleged.]

“2.    The last known post office address of [name of judgment debtor] is [address].

“3.    The address of [name of judgment creditor] is [address].

“4.    The attorney for [name of judgment creditor] is [name and address of attorney].”

   
[Name]
[Attorney for Petitioner/Petitioner]

SIGNED under oath before me on ______________________________.

   
Notary Public, State of Texas