WARNING: This sample must be edited and tailored to your case. If you are
not a lawyer, it is highly recommended that you seek the aid of an attorney to prepare and present your
motion. You are entitled to recover attorney's fees for preparing and urging such a motion.
EX-PARTE APPLICATION FOR POST-JUDGMENT TURNOVER AND APPOINTMENT OF RECEIVER
______________________________, plaintiff and judgment creditor (“Plaintiff”) requests that this
Court grant this Application for Turnover and Appointment of a Receiver against
__________________________ (“Defendant”).
Judgment: On ____________________ this Court rendered Judgement in favor of Plaintiff
and against Defendants jointly and severally for the following amounts:
_________________ for all damages, plus
_________________ Prejudgment interest ( ___% / year since ___________ ), plus
_________________ Attorneys fees,
plus court costs
all together with post judgment interest at the rate of ____% per year compounded annually from date of
judgment until paid. The judgment is final, has not been superseded, and remains fully
payable. A copy of the judgment is attached as Exhibit A.
No payments have been made, and no credit is due the Judgment Debtor. As of ______________, 2026,
the total amount due was ______________.
Plaintiff files this motion pursuant to §31.002(d) Texas Civil Practice and Remedies Code which
provides: "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."
Turnover Statute: Chapter 31 of the Texas Civil Practice and Remedies Code provides: "A
judgment creditor is entitled to aid from a court of appropriate jurisdiction, including a justice court,
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." §31.002(a) Id.
The court may "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."
§31.002(b) Id.
The turnover statute is meant to be open ended in that it allows a judgment creditor to get aid in
collection from the Court in the form of an order which requires the debtor to bring to the Court all
documents or property used to satisfy a judgment. After the order issues, the burden shifts to the
judgment debtor to produce all non-exempt property and documents. Beaumont Bank N.A. v.
Buller, 806 S.W.2d, 233, 226 (Tex. 1991); Movant need only prove by perponderance of evidence that
debtors have a non-exempt asset, but need not identify all assets subject to turnover.
§31.002(h) Id.
Non-Exempt Property Exists: Attached as Exhibit B is Defendant __________'s most recent
Public Information Report showing that it is a For-Profit corporation. As such, defendant ______________
would have accounts receivables. As an entity, all assets of _______ would be non-exempt.
Exhibit B also shows that defendant ________________ is an owner of _____________. _______________'s
ownership or shares in that company are non-exempt. Furthermore, the underlying litigation shows
_______________. Therefore, Defendants _______________ and __________ both have non-exempt property
that can be used to satisfy the judgment.
Turnover: Accordingly, Plaintiff requests the Court order Defendant to turn over to a receiver all
nonexempt property that is in the defendant’s possession or subject to the defendant’s control, together
with all documents related to the property.
Receiver: Plaintiff further moves the Court to appoint a receiver pursuant to
§31.002(b)(3) Id., to take possession of the nonexempt assets and documents related to the
assets, sell the assets and apply the proceeds from the sale to satisfy the judgment, including the
receiver’s fee and costs. Plaintiff requests this court appoint Tony Savarese, whose address is 3708
East 29th Street Suite 315, Bryan TX 77802 (telephone number (979) 227-7727, fax (877) 665-6742,
receiver@xr2.us) as Receiver. Collecting this judgment is going to be primarily an investigative
task. Mr. Savarese is a licensed private investigator, and has been enforcing civil money judgments since
2013. His experience includes locating skips, finding hidden property, discovering prohibited
transactions and unwinding fraudulent transfers intended to cheat creditors. Mr. Savarese is
perfectly suited for this task.
Attorney's Fees: Plaintiff requests that the Court award its attorney’s fees, expenses and
costs in the amount of $____________ for preparing, filing and arguing the motion and obtaining an
order. Under §31.002(e), the judgment creditor is entitled to recover reasonable costs, including
attorney’s fees.
No Bond: Plaintiff requests no bond be required. "There is a strong view that since the
underlying obligation has been determined by final judgment, the judgment debtor will not be harmed if no
bond, or merely a nominal bond, is required ... any bond required should not be in an amount that would
act as a prohibitive cost or make it economically impossible for the judgment creditor to use the remedies
provided in [the turnover statute] for even the smallest of judgments." Childre v. Great Sw. Life Ins.
Co., 700 S.W. 2d 284, 289 (Tex. App.—Dallas 1985, no writ).
Ex Parte relief Requested: When a judgment debtor is likely to dispose of property if
notice and a hearing are given, the Court may enter a turnover order on an ex parte basis. Ex
Parte Johnson, 654 S.W.2d. 415, 418 (Tex. 1983) (stating that notice and a hearing prior to the
issuance of a turnover order are not required); Thomas v. Thomas, 975 S.W.2d 63, 69 (Tex.App.—Waco
1996, no writ) (issuing an ex parte turnover order does not compromise constitutional principles).
Ex parte post-judgment collection proceedings do not compromise due process principles because the
judgment puts the debtor on notice that post judgment proceedings will follow. Sivley v.
Sivley, 972 S.W.2d 850 (Tex.App.—Tyler, 1998, no pet.).
Plaintiff believes that good cause exists for the granting of this application on an ex parte basis to
avoid giving the defendant the opportunity to alienate, transfer, hide, or dispose of non-exempt property
before the receiver can take possession.
Wherefore, Plaintiff respectfully requests that the Court grant this application on submission, order
turnover of Defendant’s non-exempt property, appoint Tony Savarese as receiver, award Plaintiff reasonable
attorneys’ fees and expenses, and grant all further relief to which Plaintiff may be entitled.