Texas § ES.1157.108 - LIABILITY FOR NONPAYMENT OF CLAIM

§ ES.1157.108. LIABILITY FOR NONPAYMENT OF CLAIM

LIABILITY FOR NONPAYMENT OF CLAIM. (a) A person or claimant, except the state treasury, entitled to payment from a guardianship estate of money the court orders to be paid is authorized to have execution issued against the property of the guardianship for the amount due, with interest and costs, if: (1) a guardian of the estate fails to pay the money on demand; (2) guardianship estate funds are available to make the payment; and (3) the person or claimant makes an affidavit of the demand for payment and the guardian's failure to pay. (b) The court may cite the guardian and the sureties on the guardian's bond to show cause why the guardian or sureties should not be held liable for the debt, interest, costs, or damages: (1) on return of the execution under Subsection (a) not satisfied; or (2) on the affidavit of demand and failure to pay under Subsection (a). (c) On the return of citation served under Subsection (b), the court shall render judgment against the cited guardian and sureties, in favor of the claim holder, if good cause why the guardian and sureties should not be held liable is not shown. The judgment must be for: (1) the unpaid amount ordered to be paid or established by suit, with interest and costs; and (2) damages on the amount neglected to be paid at the rate of five percent per month for each month, or fraction of a month, that the payment was neglected to be paid after demand for payment was made. (d) Damages ordered under Subsection (c)(2) may be collected in any court of competent jurisdiction. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759 ), Sec. 1.02, eff. January 1, 2014. SUBCHAPTER D. PRESENTMENT AND PAYMENT OF SECURED CLAIMS