Comments on the proposed changes, including language on monetary damages and default judgment notifications, are open until March 4.
01/28/2022 10:00 A.M.
3 minute read
The Texas Supreme Court is accepting comments on its proposed amendments to the Texas Rules of Civil Procedure notice of judgment and monetary damages as well as service of writ of garnishment before they take effect on May 1.
The court may change the proposed amendments in response to the public comments, which are due by March 4 to [email protected].
The proposed amendments include Texas Rules of Civil Procedure Sections 306a, 503, 505, 508, 509, 510, 663a, and 664a; Texas Rules of Civil Procedure Sections 679a and 679b; and the Form Seizure Exemption Notice, Instructions for Seizure Exemption Claim Form, Seizure Exemption Claim Form, and Order Appointing Receiver.
The proposed amendments to the Notice of Judgment in Sections 306a, 503, 505, 508, 509, 510 state (new proposed text is underlined) include:
Notice of Judgment. When the final judgment or other appealable order is signed, the clerk of the court shall immediately give notice to the parties or their attorneys of record electronically or by first-class mail advising that the judgment or order was signed. If the judgment awards monetary damages, the notice must contain the following language: “If you are an individual (not a company), you may have a right to claim exemptions to protect your property against seizure for satisfaction of this judgment. Find out more by visiting www.TexasLawHelp.org.” Failure to comply with the provisions of this rule shall not affect the periods mentioned in paragraph (1) of this rule, except as provided in paragraph (4).
Additionally, this statement: “If the judgment awards monetary damages, the notice must contain the following language: ‘If you are an individual (not a company), you may have a right to claim exemptions to protect your property against seizure for satisfaction of this judgment. Find out more by visiting www.TexasLawHelp.org,’” is also a proposed amendment to all judgment forms including for a new trial, repair and remedy cases and a judgment for the plaintiff.
The amendments also include that a judgment must comply with the requirements of Rule 505.1 and a notice of a default judgment, as required by Rule 503.1(d), must be sent to the defendant.
Proposed Amendments to Garnishment Requirements
The proposed amendments to Rule 663a, “Service of Writ on Defendant,” include changing the title of the rule to “Service of Writ and Other Documents on Defendant.”
The service statement would also be amended as follows (additions in underline; deletions in strike-through text and italics):
The plaintiff must serve the defendant shall be served in any manner prescribed for service of citation or as provided in Rule 21a or Rule 501.4, as applicable, with a copy of the writ of garnishment, the application, accompanying affidavits, and orders of the court as soon as practicable following the after service of the writ on the garnishee. There shall be prominently displayed on t The face of the copy of the writ served on the defendant, must display in at least ten 12-point type and in a manner calculated to advise a reasonably attentive person of its contents, the following notice.
The Texas Supreme Court also proposed new language on seizure exemption notices in the garnishment notice and motions to dissolve or modify a writ of garnishment, which can be found in the amendments here.
ACA’s Take:
ACA International members using court judgments in Texas will want to review the Texas Supreme Court’s complete proposed amendments and consider filing comments by March 4.
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