Q: Foreign court judgement enforcement in Houston Texas
1
What factors besides proper summon of court will a texan court take into consideration when hearing a foreign court judgement enforcement to collect compensation for a divested property decreed to own by an ex spouse in Houston Texas )?
2
How a texan court will reconcile a judiciary conflict of a foreign court judgement enforcement in Houston Texas if asked to enforce compensation to collect from an ex spouse for a divested property?
Does Texas family law conflict with a concept of foreign court judgement enforcement meant to collect compensation for a marital property decreed to own by an ex spouse)?
3
What mandatory court fee will arise from hearing a foreign court judgement enforcement to collect compensation for a divested property)?
4.
Can a poor plaintiff have court fee payment forgiven or differed when enforcing a foreign court judgement to collect compensation for his divested property in Houston Texas)?
A:
1. The main consideration is whether the foreign court had jurisdiction over the subject matter and the parties. A secondary consideration is whether the foreign judgment violates public policy.
2. If the property is land located in Texas, only a Texas court likely has jurisdiction to determine ownership. As far as personal property or monetary compensation, the statute of limitations on enforcement proceedings set forth in the Texas Family Code will govern, and property exemptions set forth in the Texas Property Code will govern.
3. There is a small filing fee of a couple hundred dollars. The website of the district clerk will itemize the applicable filing fee.
4. You can file an affidavit of indigency proving you lack the resources to pay the filing fee in full or in part. Given how small the filing fee is, that’s likely to be difficult to show. But if you prevail, you may be able to recover your taxable court costs from the opposing party.
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