For an application for turnover relief to accompany this order, see form 27-16 in this chapter. If the property is to be turned over to a sheriff or constable for execution sale, the attorney should make certain that the court clerk issues a writ of execution, that the writ is delivered to the sheriff or constable, and that the officer is informed that the judgment debtor will be turning property over to him for levy of execution. See part II. in this chapter.
This order assumes that the plaintiff has given notice to the defendant of his intention to seek turnover relief. See sections 27.86 and 27.87 regarding ex parte relief.
[Caption. See 3 of the Introduction in volume 1 of this manual.]
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Use the same caption as in the application for turnover relief at form 27-16. |
Order for Turnover Relief
On [date] the Court considered Plaintiff’s Application for Turnover Relief.
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Recite appearances of counsel and parties as appropriate. |
The Court considered the pleadings, the evidence, and the argument of counsel and finds that Defendant is the owner of property that is not exempt under any statute from attachment, execution, or seizure.
It is therefore ORDERED that Defendant, [name of defendant], turn over for levy to [name or title of levying officer] at [address, city, state] on or before [date property is to be turned over], the following: [describe property], with all documents and records related to the property.
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Include other appropriate orders, such as issuance of an injunction, with orders concerning any required bond. See section 8.39 regarding injunction orders, forms 8-11 through 8-16, and sections 27.88 and 27.102 regarding receivership and injunctions in turnover actions. |
It is further ORDERED that Plaintiff recover from Defendant reasonable and necessary attorney’s fees in the amount of $____________ and all costs of this proceeding.
SIGNED on ________________________________.
JUDGE PRESIDING
APPROVED AS TO FORM:
[Name]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]
[Name]
Attorney for Defendant
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]