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Chapter 27
Practice Notes
Forms
§ 27.1 Creation of Judgment Lien
§ 27.2 Availability of Judgment Lien
§ 27.3 Property to Which Lien Attaches
§ 27.4 Burden for Compliance with Abstract of Judgment Statutes
§ 27.5 Contents of Abstract of Judgment
§ 27.6 Recording of Abstract of Judgment
§ 27.7 Discharge and Cancellation of Judgment
§ 27.8 Keeping Judgment and Lien Alive
§ 27.9 Unclaimed Judgment
§ 27.11 Purpose and Use of Execution
§ 27.12 Issuance of Writ of Execution
§ 27.13 Requisites of Writ of Execution
§ 27.14 Suspending Execution
§ 27.15 Execution against Estate
§ 27.16 Dormant Judgment
§ 27.17 Recovery of Seized Property and Plaintiff’s Liability
§ 27.18 Court Proceedings to Reach Nonexempt Property
§ 27.19 Method of Levy on Particular Kinds of Property
§ 27.20 Defendant’s Right to Designate Property for Levy
§ 27.21 Sale of Property under Writ of Execution
§ 27.22 Defendant’s Right to Replevy
§ 27.23 Duties and Liabilities of Officer
§ 27.24 Receipt of Proceeds of Execution
§ 27.25 Suspension of Enforcement Pending Appeal
§ 27.26 Entities Protected from Execution
§ 27.27 Wrongful Execution
§ 27.28 Plaintiff’s Purchase at Execution Sale
§ 27.31 Property Subject to Execution
§ 27.32 Property Exempt from Execution
§ 27.33 Community and Separate Property
§ 27.34 Basis for Debtor’s Homestead Exemption
§ 27.35 Property That Constitutes Homestead
§ 27.36 Designation of Homestead
§ 27.37 Creation and Abandonment of Homestead
§ 27.38 Effect of Death on Homestead Rights
§ 27.39 Sale and Leaseback of Homestead
§ 27.40 Fraudulent Transfer of Homestead
§ 27.41 Exempt Personal Property
§ 27.42 Fraudulent Conveyance to Avoid Judgment Lien or Execution
§ 27.51 Purpose and Use
§ 27.52 Applicable Statutes and Rules
§ 27.53 Strict Compliance Required
§ 27.54 Availability of Postjudgment Garnishment
§ 27.55 Jurisdiction and Parties
§ 27.56 Property Subject to and Exempt from Garnishment
§ 27.57 Application for Writ of Garnishment
§ 27.58 No Bond for Postjudgment Garnishment
§ 27.59 Service of Writ of Garnishment
§ 27.60 Officer’s Return
§ 27.61 Garnishee’s Answer
§ 27.62 Funds Trapped by Writ
§ 27.63 Plaintiff’s Controverting Plea to Garnishee’s Answer
§ 27.64 Defendant’s Right to Replevy
§ 27.65 Dissolution or Modification of Writ of Garnishment
§ 27.66 Costs and Attorney’s Fees
§ 27.67 Garnishment Judgment
§ 27.68 Enforcement of Garnishment Judgment
§ 27.69 Garnishee as Stakeholder
§ 27.70 Garnishee’s Offset Rights
§ 27.71 Liability for Wrongful Postjudgment Garnishment
§ 27.72 Locating Bank Accounts
§ 27.81 Origin of Turnover Statutes
§ 27.82 Purpose, Function, and Effect of Turnover
§ 27.83 When to Seek Turnover Relief
§ 27.84 Jurisdiction and Choice of Forum
§ 27.85 Pleadings
§ 27.86 Notice and Hearing
§ 27.87 Turnover Orders Generally
§ 27.88 Receiverships in Turnover Actions
§ 27.89 Property Subject to and Exempt from Turnover
§ 27.90 Disposition of Property
§ 27.91 Who May Be Ordered to Turn Over Property
§ 27.92 Costs and Attorney’s Fees
§ 27.93 Enforcement of Turnover Order
§ 27.94 Court’s Discretion
§ 27.95 Appeal of Turnover Order
§ 27.96 Serial Receiverships
§ 27.97 Practice Tips
§ 27.101 Partnership Charging Order
§ 27.102 Temporary Restraining Orders and Injunctions
§ 27.103 Receivership under Texas Deceptive Trade Practices–Consumer Protection Act
§ 27.104 Investment Securities
§ 27.105 Assignment of Judgment
27-1 Abstract of Judgment
27-2 Letter to Client Explaining Judgment Lien
27-3 Release of Judgment Lien
27-4 Letter to Client Reporting That Judgment Cannot Be Collected
27-5 Letter to Clerk Requesting Writ of Execution or Order of Sale
27-6 Affidavit for Immediate Issuance of Writ of Execution
27-7 Letter to Officer Transmitting Writ of Execution or Order of Sale
27-8 Plaintiff’s Original Petition to Revive Judgment
27-9 Judgment Reviving Dormant Judgment
27-10 Venditioni Exponas
27-11 Application for Writ of Garnishment after Judgment
27-12 Affidavit for Writ of Garnishment after Judgment
27-13 Notice of Garnishment
27-14 Officer’s Return for Postjudgment Writ of Garnishment
27-15 Judgment in Garnishment
27-16 Application for Turnover Relief
27-17 Order for Turnover Relief
27-18 Motion for Postjudgment Receivership
27-19 Order Appointing Receiver [and Compelling Discovery]
27-20 Bond of Receiver
27-21 Oath of Receiver
27-22 Order Approving Receiver’s Fees
27-23 Application for Charging Order
27-24 Charging Order
27-25 Assignment of Judgment and Judgment Lien
27-26 Homestead Affidavit as Release of Judgment Lien
27-27 Sheriff’s Deed
27-28 Order of Sale
Form27-24
27 Postjudgment Remedies
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