Texas § ES.1355.002 - PAYMENT OF CLAIMS TO NONRESIDENT CREDITOR

§ ES.1355.002. PAYMENT OF CLAIMS TO NONRESIDENT CREDITOR

PAYMENT OF CLAIMS TO NONRESIDENT CREDITOR. (a) In this section, "creditor" means a person who is entitled to money in an amount that is not more than $250,000 owing as a result of transactions in this state, the right to which is liquidated and is uncontested in any pending lawsuit in this state. (b) This section applies only to a nonresident creditor who is: (1) a nonresident minor; (2) a nonresident person who is adjudged by a foreign court to be incapacitated; or (3) the nonresident former ward of a guardianship terminated under Chapter 1204 who has no legal guardian qualified in this state. (c) A debtor in this state who owes money to a nonresident creditor to whom this section applies may pay the money: (1) to the creditor's guardian of the estate qualified in the domiciliary jurisdiction; or (2) to the county clerk of: (A) any county in this state in which real property owned by the creditor is located; or (B) if the creditor is not known to own real property in this state, the county in which the debtor resides. (d) A payment made under this section is for the nonresident creditor's account and for the nonresident creditor's use and benefit. (e) A receipt for payment signed by the county clerk is binding on the nonresident creditor as of the date and to the extent of payment if the receipt states: (1) the creditor's name; and (2) the creditor's post office address, if the address is known. (f) A county clerk who receives a payment under Subsection (c) for a nonresident creditor shall handle the money in the same manner as provided for a payment to the account of a resident creditor under Sections 1355.001 , 1355.051 , 1355.052 , 1355.102 , 1355.103 , and 1355.104 . Those sections apply to the handling and disposition of money or any increase, dividend, or income paid to the clerk for the use, benefit, and account of the nonresident creditor to whom this section applies. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759 ), Sec. 1.02, eff. January 1, 2014. Amended by: Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626 ), Sec. 64, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457 ), Sec. 30, eff. September 1, 2023. SUBCHAPTER B. ADMINISTRATION OF MONEY