This application should be accompanied with an order for turnover relief. See form 27-17 in this chapter for an order.
A certificate of service may be included, although Tex. Civ. Prac. & Rem. Code § 31.002 permits ex parte entry of a turnover order. See sections 27.86 and 27.87 for discussion.
An application for turnover relief can be filed separately or as an original action. If this application is filed as an original action, it should contain all allegations required for every new lawsuit filed. See part I. in chapter 14 and section 27.85 in this manual.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
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Use the same caption as in the judgment. Alternatively, a new, independent suit can be brought. See section 27.84. |
Application for Turnover Relief
1.Parties. Applicant [name of plaintiff], Plaintiff and judgment creditor in this cause, requests that the Court grant this Application for Turnover Relief against [name of defendant], Defendant and judgment debtor.
2.Judgment. Plaintiff recovered judgment against Defendant on [date] in this cause. The judgment remains unsatisfied.
3.Property Subject to Turnover. Defendant owns property that is not exempt under any statute from attachment, execution, or seizure for the satisfaction of liabilities.
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If a receiver or an injunction is sought, modify the application accordingly; see section 27.88 concerning receivership and sections 27.102 and 8.33 through 8.36 concerning injunctions. |
4.Motion for Turnover. Plaintiff moves the Court to order Defendant to turn over its nonexempt property, with all documents and records related to that property, to [name or title of sheriff or constable] at [officer’s address, city, state], on or before [date].
5.Attorney’s Fees. Plaintiff is entitled to recover reasonable attorney’s fees and costs. Reasonable fees for the attorney’s services rendered and to be rendered are at least $[amount].
6.Prayer. Plaintiff prays that the Court—
a.set this matter for hearing;
b.issue the orders requested in this application;
c.grant Plaintiff at least $[amount] as reasonable attorney’s fees;
d.grant Plaintiff reasonable expenses incurred in obtaining these orders; and
e.grant all further relief to which Plaintiff may be entitled.
[Name]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]
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Include a notice of hearing (form 19-2). Include a certificate of service (form 19-1) unless ex parte relief is sought. Attach a supporting affidavit of the judgment creditor if an injunction is sought. Prepare the turnover order (form 27-17). Send a copy of the application, order, and notice of hearing to the opposing party unless ex parte relief is sought. |