§ 32.002.Right of Action
Title 2. Trial, Judgment, and Appeal · Subtitle C. Judgments · Chapter 32. Contribution · Last amended 1985 · Last verified August 29, 2026
Full Text of § 32.002
Plain-English Summary
One sentence creating the right, and every word of it is a condition.
A person against whom a judgment is rendered has, on payment of the judgment, a right of action to recover payment from each codefendant against whom judgment is also rendered.
"On payment of the judgment" is the trigger. The right does not arise when judgment is entered, when a demand is made, or when part is paid — it arises on payment.
That timing has a practical consequence for limitations. The claim accrues at payment, so a defendant who pays years after judgment is not out of time by reason of the judgment’s age.
"Against whom judgment is also rendered" is the second condition, and it is a real restriction. Contribution runs only against a codefendant who was held liable.
A person who was never sued is outside it. So is a defendant who settled before judgment, and so is one who was sued and won.
That places the burden on the paying defendant to have brought everyone in. A defendant who wants contribution must ensure the others are before the court and subject to judgment.
It also explains a familiar dynamic in multi-defendant litigation. A codefendant who settles early leaves the remaining defendants exposed for the whole, with no contribution claim against the one who left.
The right is a "right of action", so it is enforced by suit rather than arising automatically on the face of the judgment.
Frequently Asked Questions
When does a contribution claim arise?
On payment of the judgment, not when the judgment is rendered.
Who can be pursued?
Each codefendant against whom judgment was also rendered.
What about a defendant who settled?
No judgment was rendered against them, so this section provides no claim against them.
Amendment History
- Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.