A Texas Turnover Receiver is:     An individual who is appointed by the Court to aid in the enforcement of its judgment. The Receiver works for the Court, and does NOT represent the plaintiff nor the defendant. However, the purpose of appointing the Reciever is to find assets of the debtor that can be used to satisfy the judgment.

Better for both Creditor and Debtor:     When trying to collect judgments, even small judgments, a Receivership is not a harsh remedy and much more preferable for both parties than writs of Garnishment or Execution.

ISSUE	BANK GARNISHMENT	TURNOVER RECEIVERSHIP
Duration	LONG – 14 days (justice court) or 20-27 days (county/district court), plus time to negotiate agreed judgment with bank	SHORT – Typically 3-4 business days - as little as 2 days if defendant and bank are both responsive
Negotiate	NO – Creditor can’t negotiate with defendant until answer filed by bank with claim for bank attorney fees.	YES – receiver can settle with defendant at any time
Impact	SEVERE - The defendant is not even a party to the action. Creditor can’t instruct the bank to take any action, even in emergencies	FLEXIBLE - Receiver can negociate with defendant to minimize impact of freeze
Costs	HIGH – another filing fee, constable's fee, bank attorney's fee. All taxed to Defendant per statute (not subject to court oversight)	MODERATE - Receivership fees subject to court oversight - no charge to defendant if unsuccessful
ISSUE	WRIT OF EXECUTION	TURNOVER RECEIVERSHIP
Proceeds	LOW – Assets sold on courthouse steps, lower proceeds if someone bids	MARKET – Receiver can broker the sale to maximize value
Flexibility	LOW – deputy/constable cannot set up payment plan longer than life of writ	HIGH – receiver can negotiate with defendant for entire term of judgment
Exemptions	SAME - Property Code Chapters 41 & 42	SAME - Property Code Chapters 41 & 42
Costs	HIGH – Writ issuance fee, Constable service fee, Constable fee percentage of assets sold. All taxed to Defendant per statute (not subject to court oversight)	MODERATE - Receivership fees subject to court oversight - no charge to defendant if unsuccessful

The Turnover Order:     decrees that Debtor's non-exempt property is now in the legal custody of the court, tells the Receiver to take possission of that property, liquidate it, and apply the proceeds to satisfy the judgment. The order also shifts the burden to the Debtor to identify and disclose those assets. The order also lists specific powers and authorities that the Receiver has for this purpose, the term of the Receivership, and the Receivers fee. Special rules apply to Receiverships in Justice Courts limiting terms to 180 days. However, they can be renewed as neccessary until the judgment is paid. The Receiver's fee is taxed against the Judgment Debtor. Lawyers who file the motion for Receivership are entitled to reasonable attorneys fees. If it is in the order, those fees are also taxed against the Judgment Debtor.

Seizures and Freezes:     Persuant to Rule 679b, The following notices must be sent within three days of the first time property of an individual is seized or frozen.
     Notice of Protected Property Rights
     Instructions for Protected Property Claim Form
     Protected Property Claim Form
all of which are promulgated by the Supreme Court. I can not disburse funds to Judgment Creditors or sell property until after 17 days of sending this information. If the Judgment Debtor asserts an exemption, I can not disburse funds to Judgment Creditor or sell property without Judgment Debtor’s written consent or a court order.