Form 27-18

Tex. Civ. Prac. & Rem. Code § 31.002 discusses the collection of judgments through a court proceed­ing, allowing the court to appoint a receiver to take the proceeds from the sale of nonexempt property to satisfy the judgment. See Tex. Civ. Prac. & Rem. Code § 31.002(b)(3). See section 27.88 in this chapter for a discussion of receiverships. The following is merely a sample form for seeking the appointment of a receiver, and the practitioner should be careful to tailor it as needed for each set of facts.

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Motion for Postjudgment Receivership

Movant is [name of plaintiff], Plaintiff and judgment creditor, who moves the Court to appoint a receiver to collect the judgment in this cause.

1.Facts.      Plaintiff obtained a final judgment against [name of defendant], Defen­dant, in this cause on [date] in the amount of $[amount]. The judgment is final, has not been superseded, and remains fully payable. [Include if applicable: A copy of the judgment is attached as Exhibit [exhibit number/letter].]

2.Grounds.      Pursuant to Texas Civil Practice and Remedies Code section 31.002, Plaintiff requests the Court to appoint [name of receiver], a resident of Texas, as a receiver to collect the judgment. Defendant owns property, including present or future rights to property, that cannot readily be attached or levied on by ordinary legal process and that is not exempt from attachment, execution, or seizure for the satisfaction of liabilities, to wit [describe non­exempt property] (the “Property”).

3.Extended Notice.      This motion is being filed with extended notice to Defendant to allow Defendant time to make arrangements to pay the judgment. Defendant is notified of Plaintiff’s willingness to consider an installment payment plan. If this matter is heard by the Court, the parties were unable to reach an agreement and Plaintiff respectfully submits that it is entitled to aid from the Court to collect the judgment.

4.Receivership.      Plaintiff requests that the Court appoint a receiver over the Prop­erty and authorize broad powers but require the receiver to obtain further court order, or approval of Defendant, before any disbursement of funds. The Court will continue to monitor the receivership, and no funds will be paid without either Defendant’s written agreement or further court order. [Include if applicable: Attached as Exhibit [exhibit number/letter] is infor­mation on [name of receiver requested].]

5.Prayer.      Movant prays that—

a.the Court set this matter for hearing;

b.the Court appoint a receiver to collect the judgment in this cause, subject to further supervision of the Court;

c.Movant be awarded attorney’s fees of $[amount];

d.the Court provide for payment of fees and costs to the receiver; and

e.Movant be granted all further relief to which Movant may be entitled.

   
[Name]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]

Certificate of Conference

I certify that I contacted [name of defendant or of attorney for defendant], [Defendant/Counsel for Defendant], on [date[s]] and that [Defendant/Counsel for Defendant] was unavailable. Further attempts will be made to discuss this motion with [Defendant/Counsel for Defendant] before the hearing, although it is believed [Defendant/Counsel for Defendant] will oppose the receivership, and this motion should be scheduled for hearing.

   
[Name]
Attorney for [name of movant]