§ 35.004.Affidavit; Notice of Filing

The notice requirements, and they are what make a filing-only procedure fair.

The difficulty the section addresses is obvious once stated. A judgment becomes enforceable in Texas without any lawsuit, so without this the debtor might learn of it when a sheriff arrives.

At the time the judgment is filed, the creditor or the creditor’s attorney shall file an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor.

The affidavit is sworn, which puts the creditor on oath as to the debtor’s address — the address to which notice will go.

The creditor or the attorney shall promptly mail notice of the filing to the debtor at that address, and file proof of mailing with the clerk.

Both halves are required, and the second is what makes the first verifiable. A creditor who mails and files no proof has not complied.

The notice must include the name and post office address of the judgment creditor, and if the creditor has an attorney in this state, that attorney’s name and address.

That is more useful to a debtor than it looks. A debtor wishing to pay, to negotiate, or to object needs someone to contact, and a Texas attorney’s address is a good deal more useful than an out-of-state creditor’s.

On receipt of proof of mailing, the clerk shall note the mailing in the docket.

The docket entry fixes the date in the public record, which matters for every deadline the debtor may want to meet — including the request for a stay.