Tex. Est. Code Section 1157.108
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.

Source: Section 1157.108 — Liability for Nonpayment of Claim, https://statutes.­capitol.­texas.­gov/Docs/ES/htm/ES.­1157.­htm#1157.­108 (accessed May 11, 2024).

1157.001
Presentment of Claim to Guardian of the Estate 1157.002
Presentment of Claim to Clerk 1157.003
Inclusion of Attorney’s Fees in Claim 1157.004
Affidavit Authenticating Claim for Money in General 1157.005
Affidavit Authenticating Claim of Corporation or by Certain Other Representatives 1157.006
Lost or Destroyed Evidence Concerning Claim 1157.007
Waiver of Certain Defects of Form or Claims of Insufficiency 1157.008
Effect on Statutes of Limitation of Filing of or Suit on Claim 1157.051
Allowance or Rejection of Claim 1157.052
Failure to Endorse or Attach Memorandum or Allow or Reject Claim 1157.053
Claim Entered on Claim Docket 1157.054
Contest of Claim 1157.055
Court’s Action on Claim 1157.056
Hearing on Certain Claims 1157.057
Court Order Regarding Action on Claim 1157.058
Appeal of Court’s Action on Claim 1157.059
Allowance and Approval Prohibited Without Affidavit 1157.060
Unsecured Claims Barred Under Certain Circumstances 1157.061
Allowing Barred Claim Prohibited 1157.062
Certain Actions on Claims with Lost or Destroyed Evidence Void 1157.063
Suit on Rejected Claim 1157.064
Presentment of Claim Prerequisite for Judgment 1157.065
Judgment in Suit on Rejected Claim 1157.101
Payment of Approved or Established Claim 1157.102
Payment of Unauthenticated Claim 1157.103
Priority of Payment of Claims 1157.104
Payment of Proceeds from Sale of Property Securing Debt 1157.105
Claimant’s Petition for Allowance and Payment of Claim 1157.106
Payment When Assets Insufficient to Pay Certain Claims 1157.107
Payment of Court Costs Relating to Claim 1157.108
Liability for Nonpayment of Claim 1157.151
Option to Treat Claim as Matured Secured Claim or Preferred Debt and Lien 1157.152
Preferred Debt and Lien 1157.153
Payment of Maturities on Preferred Debt and Lien 1157.201
Claim by Guardian 1157.202
Purchase of Claim by Guardian Prohibited
Green check means up to date. Up to date

Accessed:
May 11, 2024

§ 1157.108’s source at texas​.gov