Back to Main Page / Back to List of Rules

Rule 679a. Turnover Under Civil Practice and Remedies Code section 31.002 (2022)

TEXT

(a) Order Appointing Turnover Receiver in Justice Courts. If a justice of the peace issues an order appointing a receiver under section 31.002 of the Civil Practice and Remedies Code to collect a judgment owed by an individual judgment debtor, the justice of the peace must use the Order Appointing Receivera pproved by the Supreme Court, except on good cause shown in a written order.

(b) Order Appointing Turnover Receiver in All Courts. A court that issues an order appointing a receiver under section 31.002 of the Civil Practice and Remedies Code to collect a judgment owed by an individual judgment debtor may use the Order Appointing Receiver approved by the Supreme Court and must state in any other order appointing a receiver:

"Personal Property Rights of Judgment Debtor: Receiver must comply with Texas Rule of Civil Procedure 679b.

Receiver to Hold Property: Receiver must not disburse funds to Judgment Creditor or sell property within 14 days after serving Judgment Debtor with the Notice of Protected Property Rights, the Instructions for Protected Property Claim Form, and the Protected Property Claim Form approved by the Supreme Court, or within 17 days if service was by mail. If the Judgment Debtor asserts an exemption, Receiver may only disburse funds to Judgment Creditor or sell property with Judgment Debtor's written consent or a court order."

Added by order April 25, 2022, eff. May 1, 2022.