Texas Turnover Proceedings - Using a Receiver to Collect Your Judgment

Turnover Relief in General

When you have a judgment against a debtor, you have several post-judgment collection methods available to you. One such method is the application for turnover relief. Essentially, turnover relief allows to you seize property belonging to your judgment debtor that is not reachable by more traditional post-judgment methods like a Writ of Execution or a Writ of Garnishment.

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The Court Has Authority to Appoint a Receiver

Texas Turnover Proceedings - Using a Receiver to Collect Your Judgment

As part of your petition for turnover relief, you can request that the court appoint a receiver. Understand, though, that the appointment of a receiver is not mandatory. It's completely within the discretion of the court. Ross v. 3D Tower Ltd., 824 S.W.2d 270, 272 (Tex. App.-Houston [14th District] 1992, writ denied).

The Qualifications & Authority of the Receiver

There are no specific qualifications for a receiver in post-judgment turnover proceedings. Schultz v. Cadle Co., 825 S.W.2d 151, 154-55 (Tex. App.-Dallas 1992), writ denied per curiam, 852 S.W.2d 499 (Tex. 1993); Childre v. Great Southwest Life Insurance Co., 700 S.W.2d 284, 288 (Tex. App.-Dallas 1985, no writ). But, if you want to follow the traditional requirements for a receiver, you should request the court to do so. Along with your request, you should suggest a person who:

1. Is a citizen and qualified voter of the state of Texas at the time of appointment;

2. Maintains actual residence in this state during the receivership, and

3. Is not a party, attorney, or other person interested in the action for appointment of a receiver. Tex. Civ. Prac. & Rem. Code Section 64.021.

If the court does agree to the appointment of a receiver for your turnover relief, the receiver will "take possession of" all the judgment debtor's nonexempt property. He will then sell that property and pay the proceeds to you to the extent required to satisfy your judgment." Tex. Civ. Prac. & Rem. Code Section 31.002(b)(3).

The Receiver's Compensation

The issue of compensating the receiver and reimbursing his expenses is a matter than falls within the discretion of the court. But, generally speaking, the receiver's fees are charged to the judgment debtor. The receiver's expenses are considered costs that are charged to the judgment debtor and paid with property and funds in the hands of the receiver. Archer, 262 S.W.2d at 217.

While this works well when the receivership estate has assets, problems obviously arise when there are no assets or insufficient assets to cover both the judgment and the receiver's fees and expenses. In situations where there are no assets or there are insufficient assets, a conflict may arise between you and the receiver. In those situations where there are no assets or insufficient assets you, as the judgment creditor, may have to pay the receiver's fees and expenses.

Conclusion

Turnover proceedings are a very effective means for collecting your Texas judgment. But, to assist you in the proceedings you should request that the court appoint a receiver. That receiver will then have the authority to take possession of all the judgment debtor's non-exempt property and sell them to satisfy your judgment. Be aware, however, that you may be responsible to pay the receiver's fees and expenses if you judgment debtor does not have enough assets to cover both your judgment and your receiver's fees and expenses.

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Harvey L. Cox is an attorney and certified mediator in Texas. He is the author of "How to Collect Your Own Judgment in Texas". To sign up for FREE lessons on how to collection your own judicial judgment in Texas, go to the Texas Judgment Collection Center

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