FOURTEENTH EMERGENCY ORDER REGARDING COVID 19 STATE OF DISASTER v. << (2020)

ORDERED that:

1. Governor Abbott has declared a state of disaster in all 254 counties in the State of Texas in response to the imminent threat of the COVID-19 pandemic. This Order is issued pursuant to Section 22.0035(b) of the Texas Government Code.

2. The Tenth Emergency Order (Misc. Dkt. No. 20-9054) is renewed as amended.

3. In any action to collect consumer debt as defined by Texas Finance Code Section 392.001(2):

a. A writ of garnishment under Rule 658 of the Texas Rules of Civil Procedure may issue, but service of the writ of garnishment may not occur until after May 25, 2020;

b. Receivers appointed under Chapter 31 of the Texas Civil Practice & Remedies Code may remain active but must not freeze any accounts at financial institutions as defined by Texas Finance Code Section 59.001(5) before May 18, 2020;

c. For any accounts that are currently garnished, the parties are strongly encouraged to reach an agreement on the garnishment, and courts are encouraged to aid and facilitate a quick adjudication;

d. A request for default judgment may be filed, but no hearings shall be set and the time to respond or file an answer will be suspended until May 18, 2020; and

e. No court shall dismiss a case for want of prosecution before May 18, 2020.

4. A case covered by Paragraph 3 may nevertheless proceed if, but only if, the court determines that the facts and grounds show that the actions of the judgment defendant pose an imminent threat of fraudulently concealing or absconding with funds.

5. This Order is effective immediately and expires May 18, 2020, except as otherwise stated herein, unless extended by the Chief Justice of the Supreme Court.

6. The Clerk of the Supreme Court is directed to:

a. post a copy of this Order on www.txcourts.gov;

b. file a copy of this Order with the Secretary of State; and

c. send a copy of this Order to the Governor, the Attorney General, and each member of the Legislature.

7. The State Bar of Texas is directed to take all reasonable steps to notify members of the Texas bar of this Order.

Nathan L. Hecht, Chief Justice