§ 35.006.Stay
Title 2. Trial, Judgment, and Appeal · Subtitle C. Judgments · Chapter 35. Enforcement of Judgments of Other States · Last amended 2003 · Last verified August 29, 2026
Full Text of § 35.006
Plain-English Summary
The debtor’s protection against enforcement of a judgment that is still in play.
Subsection (a) is mandatory once its conditions are met. The court shall stay enforcement where the debtor shows that an appeal is pending or will be taken, that the time for appeal has not expired, or that a stay of execution has been granted, requested, or will be requested — and proves that the debtor has furnished or will furnish the security required by the state in which the judgment was rendered.
The security condition is the substantial one. A stay is not available on the strength of an appeal alone; the debtor must post what the rendering state requires.
Deferring to the rendering state’s security requirement is the right choice. That state set the terms on which its own judgment may be suspended, and Texas neither adds to them nor discounts them.
The stay lasts until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated — so it tracks the underlying proceeding rather than running for a fixed period.
"Will be taken" and "will be requested" are notable. A debtor need not have filed the appeal or obtained the stay yet, which prevents enforcement racing the appellate clock.
Subsection (b) is the general provision: where the debtor shows a ground on which enforcement of a Texas judgment would be stayed, the court shall stay enforcement for an appropriate period and require the same security that Texas requires under the supersedeas provision.
That completes the equivalence the chapter is built on. A filed foreign judgment is treated as a Texas judgment, so whatever would stay a Texas judgment stays this one, on Texas security.
Both subsections are mandatory in form — "shall stay" — with the discretion residing in what the grounds and the security are, not in whether to grant relief once they are shown.
Frequently Asked Questions
Can enforcement of a filed foreign judgment be stopped?
Yes. The court shall stay enforcement where an appeal is pending or available and the debtor furnishes the security the rendering state requires.
What security is needed?
Under subsection (a), the security required by the state that rendered the judgment. Under subsection (b), the security Texas requires under Section 52.006.
Must the appeal already be filed?
No. The section covers an appeal that will be taken and a stay that will be requested.
Amendment History
- Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 2003, 78th Leg., ch. 204, Sec. 7.01, eff. Sept. 1, 2003.