How Do I Collect My Judgment?
You won the lawsuit, but the Judgment still has not been paid? Texas law provides a remedy for judgment enforcement that may help recover money to get the judgment paid — at no additional cost to the plaintiff.
Turnover Receiver Under CPRC § 31.002
A Turnover Receiver is a third party appointed by a judge to locate and liquidate defendants’ nonexempt property to pay a judgment. Texas Civil Practice and Remedies Code Section 31.002 (set forth below) allows a judge to appoint a receiver to seize and sell defendants’ nonexempt assets.
The purpose of the Turnover Statute is to aid the diligent judgment creditor in obtaining satisfaction of his or her judgment in a timely manner. See Judge David Hittner, Texas Post-Judgment Turnover and Receivership Statutes, 45 Tex. B.J. 417 (1982).
A Turnover Receiver is more effective and less expensive than a levying officer. The Turnover Receiver can recover nonexempt assets that are easily hidden from a sheriff or constable like stock certificates, accounts receivable, and rental income. He can also recover nonexempt money in bank accounts without the expensive and extraordinary remedy of bank garnishment. A Turnover Receiver can also recover intangible assets, such as domain names, contract rights, and ownership in a business. A sheriff or constable would have a hard time doing that.
Turnover Receiver Does Not Cost You Anything.
Robert E. Jenkins serves as a Turnover Receiver at no cost to the plaintiff. His Turnover Receiver fee, which is a percentage of the proceeds recovered during the receivership, is taxed as a cost against the defendant. This way the plaintiff can still be paid the entire amount owed on the judgment. Mr. Jenkins does not get paid unless the plaintiff gets paid.
Robert Jenkins is an Experienced Turnover Receiver.
Robert Jenkins has been appointed as a Turnover Receiver in more than 1,000 cases by 135 courts throughout Texas in Anderson, Bexar, Brazoria, Brazos, Cameron, Chambers, Collin, Comal, Cooke, Dallas, Denton, El Paso, Ellis, Fort Bend, Galveston, Gregg, Harris, Harrison, Henderson, Hidalgo, Hood, Jefferson, Kaufman, Liberty, McLennan, Nueces, Parker, Rockwall, San Augustine, Shelby, Smith, Tarrant, Travis, Webb, and Williamson counties on judgments ranging from $1,000 to $10.1 million.
Have a question about having Receiver Jenkins appointed as a Turnover Receiver to collect on a judgment? Contact us by phone or by using the form below.
CPRC § 31.002 (Texas Turnover Statute)
31.002. COLLECTION OF JUDGMENT THROUGH COURT PROCEEDING. (a) A judgment creditor is entitled to aid from a court of appropriate jurisdiction through injunction or other means in order to reach property to obtain satisfaction on the judgment if the judgment debtor owns property, including present or future rights to property, that is not exempt from attachment, execution, or seizure for the satisfaction of liabilities.
(b) The court may:
(1) order the judgment debtor to turn over nonexempt property that is in the debtor’s possession or is subject to the debtor’s control, together with all documents or records related to the property, to a designated sheriff or constable for execution;
(2) otherwise apply the property to the satisfaction of the judgment; or
(3) appoint a receiver with the authority to take possession of the nonexempt property, sell it, and pay the proceeds to the judgment creditor to the extent required to satisfy the judgment.
(c) The court may enforce the order by contempt proceedings or by other appropriate means in the event of refusal or disobedience.
(d) The judgment creditor may move for the court’s assistance under this section in the same proceeding in which the judgment is rendered or in an independent proceeding.
(e) The judgment creditor is entitled to recover reasonable costs, including attorney’s fees.
(f) A court may not enter or enforce an order under this section that requires the turnover of the proceeds of, or the disbursement of, property exempt under any statute, including Section 42.0021, Property Code. This subsection does not apply to the enforcement of a child support obligation or a judgment for past due child support.
(g) With respect to turnover of property held by a financial institution in the name of or on behalf of the judgment debtor as customer of the financial institution, the rights of a receiver appointed under Subsection (b)(3) do not attach until the financial institution receives service of a certified copy of the order of receivership in the manner specified by Section 59.008, Finance Code.
(h) A court may enter or enforce an order under this section that requires the turnover of nonexempt property without identifying in the order the specific property subject to turnover.