Creditors in Texas have a procedure to collect valid judgments with court assistance in what is known as a "Turnover Order". The Texas Turnover statute is found in Texas Civil Practice and Remedies Code Section 31.002, which states that "[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:
The court may:
This can obviously be a very powerful tool for a Texas creditor, but it is still limited to non-exempt assets, and does require certain findings by the court, which may be established in post judgment written discovery. Turnover orders have the presumption, however, that assets are non-exempt and it is the debtors' responsibility to show that the assets to be turned over are exempt.
If you have a legal issue related to Turnover Orders, please contact Marc Lippincott for an appointment to discuss.