A Texas Turnover Receiver is:     An individual who is appointed by the Court to aid in the enforcement of its judgment. The Receiver works for the Court, and does NOT represent the plaintiff nor the defendant. However, the purpose of appointing the Reciever is to find assets of the debtor that can be used to satisfy the judgment.

Better for Debtor:     When trying to collect judgments, even small judgments, a Receivership is not a harsh remedy and much more preferable for both parties than writs of Garnishment or Execution.

ISSUE	BANK GARNISHMENT	TURNOVER RECEIVERSHIP
Duration	LONG – 14 days (justice court) or 20-27 days (county/district court), plus time to negotiate agreed judgment with bank	SHORT – Typically 3-4 business days - as little as 2 days if defendant and bank are both responsive
Negotiate	NO – Creditor can’t negotiate with defendant until answer filed by bank with claim for bank attorney fees.	YES – receiver can settle with defendant at any time
Impact	SEVERE - The defendant is not even a party to the action. Creditor can’t instruct the bank to take any action, even in emergencies	FLEXIBLE - Receiver can negociate with defendant to minimize impact of freeze
Costs	HIGH – another filing fee, constable's fee, bank attorney's fee. All taxed to Defendant per statute (not subject to court oversight)	MODERATE - Receivership fees subject to court oversight - no charge to defendant if unsuccessful
ISSUE	WRIT OF EXECUTION	TURNOVER RECEIVERSHIP
Proceeds	LOW – Assets sold on courthouse steps, lower proceeds if someone bids	MARKET – Receiver can broker the sale to maximize value
Flexibility	LOW – deputy/constable cannot set up payment plan longer than life of writ	HIGH – receiver can negotiate with defendant for entire term of judgment
Exemptions	SAME - Property Code Chapters 41 & 42	SAME - Property Code Chapters 41 & 42
Costs	HIGH – Writ issuance fee, Constable service fee, Constable fee percentage of assets sold. All taxed to Defendant per statute (not subject to court oversight)	MODERATE - Receivership fees subject to court oversight - no charge to defendant if unsuccessful

Requested by Creditor:     A creditor filed an application with the Court pursuant to §31.002 TX Civil Practice and Remedies Code. This statute was amended in 2017 and 2019 reducing the prerequisites and clarified that this remedy is now available in Justice Courts. Many Courts will now grant these applicatons without prior notice to the Judgment Debtor because they consider the Judgment itself as notice that collection activity may commence. To get the order approved, the applicant showed that the judgment was still owed, nominated me as the Reciever, and presented evidence that Debtor had interest (now or in the future) in at least one non-exempt asset. This could simply have been a

• domain name
• inheritence
• share in an LLC
• account receivable
• patent to invention
• rental income
• insurance claim
• other claim or cause of action
• bank account

The Turnover Order:     decrees that Debtor's non-exempt property is now in the legal custody of the court, and tells the Receiver to take possission of that property to liquidate it and apply the proceeds to satisfy the judgment. The order also shifts the burden to the Debtor to identify and disclose those assets. The order also lists specific powers and authorities that the Receiver has for this purpose, the term of the Receivership, and the Receivers fee. Special rules apply to Receiverships in Justice Courts limiting terms to 180 days. However, they can be renewed as neccessary until the judgment is paid. The Receiver's fee is taxed against the Judgment Debtor. This means that the fee is added to the judgment and owed by the Judgment Debtor in addition to the original judgment amount. Lawyers who file the motion for Receivership are entitled to reasonable attorneys fees. If it is in the order, those fees are also taxed against the Judgment Debtor and become an additional amount owed.

Seizures and Freezes:     Within three days of the first time property is seized or frozen, I send the Judgment Debtor a "Notice of Protected Property Rights", the "Instructions for Protected Property Claim Form", and the "Protected Property Claim Form" all approved by the Supreme Court. I will not disburse funds to Judgment Creditors or sell property until after 17 days of sending this information. If the Judgment Debtor asserts an exemption, I can not disburse funds to Judgment Creditor or sell property without Judgment Debtor’s written consent or a court order.

Nominee:     A Turnover Receiver's work is mostly that of an investigation rather than a legal task. I have been enforcing civil judgments throughout Texas since 2013. As a licensed private investigator specializing in this area I am perfectly suited as a Court's Receiver for locating debtors and their assets. Whether or not the FDCPA is applicable to a Court's Receiver, I observe those rules anyway to avoid any unnecessary challenges. I have been successful collecing judgments even when the Debtor files bankruptcy. I take care of filing the proof of claim, and have used discovery and 2004 exams to uncover bankruptcy fraud and other grounds to challenge discharge or dischargability. I will take on small claims and difficult cases that other Receivers would shy away from. I will defend against a challenge of my seizure actions when appropriate. I keep creditors informed of each event, such as a successful bank freeze, recovery of an asset, all notices, discovery requests and responses, and any hearings or potential payment plan offers. Likewise, I inform defendants whenever I freeze or seize an asset, and would facilitate or mediate a payment plan between the debtor and creditor. However, The Receiver can not agree to a reduction in the amount owed without the creditor's consent or a court order.