Writ of Execution - Garnishment - Turnover Order

Writ of Execution

After obtaining a judgment in Texas, the plaintiff (judgment creditor), will research and find non-exempt business personal property or real property in a specific county in Texas, and then go back to court to request a Writ of Execution be granted by the judge (30 days after the judgment is signed).  The Writ of Execution directs or orders a constable or sheriff to levy (or seize) the judgment debtor's non-exempt property, sell it, and deliver the proceeds o the sale to the judgment creditor to be applied toward the satisfaction of the judgment.  In other words, the county clerk will send the signed Writ of Execution to a constable or sheriff in the county, who will then physically go to the location of the property to determine if there are any non-exempt assets.  If assets are found, the constable or sheriff can then levy the assets.

Writ of Garnishment

After obtaining a Texas judgment, the judgment creditor can go back to court and request that the judge sign a Writ of Garnishment, which is an order from the court to a third party (normally a bank), to surrender the money in a bank account up to the amount owed.  However, in order to do this, information regarding the debtor's bank account must be known, such as the name of the bank and the debtor's account number.

The downside?  First, you must know the judgment debtor's bank account number.  Second, the law says that you must pay the bank's attorney's fees, which is the cost for the bank to look at the bank account.  Keep in mind the bank fees may be higher than what you would anticipate, and the fees are charged for the search on the one bank account number provided.

Turnover Order

A Turnover Order is an order signed by the judge, which appoints a Receiver.  The Receiver will use the court-appointed powers (as outlined in the turnover order) to find non-exempt assets and collect on the amount owed as indicated on the judgment.

This is the most powerful collection option available, as the Receiver has strong options for collection that are not available to a collection agency or a collection attorney.  In short, the Receiver has the ability to physically visit the debtor's location to determine if there are non-exempt assets (like a writ of execution), and has the ability to do one or more bank levies (like a writ of garnishment).  However, the difference is that the Receiver is not charged by the bank for submitting a bank levy, and the Receiver does not need the exact account number that is normally required by a writ of execution.

The Receiver can send out multiple bank levies, even if it is not known whether or not the judgment debtor has a bank account at the particular bank.

Summary

The Turnover Order, by far, is the superior way to try and collect on an outstanding amount owed on a judgment, and offers numerous other collection methods that are not available through normal collection means, such as filing the necessary paperwork with the U.S. Postal Service to re-direct all of the debtors mail back to the Receiver, who has the authority (under the Turnover Order) to open all of the judgment debtor's mail and cash any checks received on behalf of the judgment creditor.

However, it is essential that the motion and the proposed order for the turnover be filed in a court that will accept the provisions outlined in the Turnover Order, as well as approve our recommended Receiver.  Our Receiver realizes above-average collection results, and therefore, the court in which you file your turnover order will impact the overall success of collection of your judgment.

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For more information, contact Texas Turnover Receivers at 817-965-3228 today.