| Motion | This is a good format for a turnover/receiver application. From time to time, please refer to the paragraph labeled "Receiver:" for updated languange to nominate Tony Savarese. See also "Nomination" link on main menu, available without login. This motion is suitable for any Texas court, including JP's. However, if used in a JP court, add a statement that the proposed order is the one promulgated by the TX Supreme Court, or that it complies with Rule 679a(a). | |
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| JP Court | Rule 679a(a) TX Rules of Civil Procedure requires this order
(promulgated by the Texas Supreme Court) be used in Justice Courts
unless good cause is shown otherwise. It may also be used for higher
courts, but that is not recommended because the scope of the receiver's
authority is too limited. Source: last 3 pages of https://www.txcourts.gov/media/1454405/229031.pdf |
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STD order |
docx |
This order is recomended for District and County Courts, but not
suitable for Justice of Peace Court's since May 1st, 2022. This
order puts all non-exempt property into custodia legis of the Receiver,
shifting the burden onto the Judgment Debtor to turnover records and
non-exempt assets, thus prohibiting any transfers out of the normal
course of business. It also does not expire until terminated or the
judgment is collected, satisfies 47 USC5 551 to access telecom
subscriber/payment records, meets ICANN rules for transferring domain
names, compels law enforcement to assit, and includes many other
authorities and tools for the Receiver. History of changes are
below. Call Tony at 979-227-7727 to make any other changes)
rev 2026-07-05 [current] Replaced entire section of Receiver Compensation and Requirements to comply with Hartwell v. Fundworks, LLC, No. 02-23-00100-CV, 2024 WL 46053, at *8, *10 (Tex. App.—Fort Worth Jan. 4, 2024, pet. denied) (mem. op.): This case confirms that while a 25% fee is a customary benchmark, the trial court must modify the order to ensure that any final payout is made contingent upon subsequent court review of reasonableness. Used language from TX Supreme Court Misc. Docket 22-9031. (Their promulgated JP order) Changed last line of paragraph related to keys to vehicles, no change in substance. Added statement that receivership expires when judgment satisfied. Required when §17.59(c) TX Business and Commerce code applies. rev 2026-06-25 These new clauses and edits were taken from the order signed in cause DC-22-16320 Dallas 14th. Edited the 2nd & 3rd sentences. Inserted the 2nd Paragraph. Limited the scope of debtor’s records turnover to 72 months and added items “H” & “I”. Deleted Discovery paragraph because it is covered by item “I”. Added paragraph prohibiting certain transactions. In Receiver’s Authority, edited items “2)”, “5)”, “7), and “14)”. Added turnover instructions for third parties. Moved Charging Order and Law Enforcement paragraphs to more appropriate place, Added “II IS FURTHER ORDERED that” where appropriate. Added Footer. rev 2026-06-22 added authority related to commercial vehicles, added prerequisit for sister States recognizing foreign receivers, eliminated duplicate language and other minor corrections. |