WARNING: This sample must be edited and tailored to your case. If you are not a lawyer, it is highly recommended that you seek the aid of an attorney to prepare and present your motion. You are entitled to recover attorney's fees for preparing and urging such a motion.

Your motion must include evidence that at least one non-exempt asset exists. This remedity is discretionary. Many Judges like to see motions that also cite any prior attempts to collect, or discovery that was disregarded.


EX-PARTE APPLICATION FOR POST-JUDGMENT TURNOVER AND APPOINTMENT OF RECEIVER

______________________________, plaintiff and judgment creditor (hereafter “Plaintiff”) requests that this Court grant this Application for Turnover and Appointment of a Receiver against __________________________ and ________________ (“Defendants”). 

Judgment:  On ____________________ this Court rendered Judgement in favor of Plaintiff and against Defendants jointly and severally for the following amounts:
_________________ for all damages, plus
_________________ Prejudgment interest ( ___% / year since ___________ ), plus
_________________ Attorneys fees, plus
_________________ court costs
all together totaling $_____________ with post judgment interest accruing at the rate of ____% per year compounded annually from date of judgment until paid.  The judgment is final, has not been superseded, and remains wholey unsatisfied.  [[___cite any other post judgment costs and awards___]]   As of ______________, 20__, the amount of all credits, payments, and offsets were $___________. $nbsp; and the total amount remaining due is $______________. 

Plaintiff files this motion pursuant to Rule 679a TX Rules of Civil Proceduren and requests that this court take notice of §31.002 Texas Civil Practice and Remedies Code which provides: "A judgment creditor is entitled to aid from a court of appropriate jurisdiction, including a justice court, through injunction or other means in order to reach property to obtain satisfaction on the judgment if the judgment debtor owns property, including present or future rights to property, that is not exempt from attachment, execution, or seizure for the satisfaction of liabilities."

The court may "appoint a receiver with the authority to take possession of the nonexempt property, sell it, and pay the proceeds to the judgment creditor to the extent required to satisfy the judgment."  §31.002(b) Id.

The turnover statute is meant to be open ended in that it allows a judgment creditor to get aid in collection from the Court in the form of an order which requires the debtor to bring to the Court all documents or property used to satisfy a judgment.  After the order issues, the burden shifts to the judgment debtor to produce all non-exempt property and documents.  Beaumont Bank N.A. v. Buller, 806 S.W.2d, 233, 226 (Tex. 1991); Movant need only prove by preponderance of evidence that debtors have a non-exempt asset, but need not identify all assets subject to turnover.  §31.002(h) Id.

Non-Exempt Property Exists:  Attached as Exhibit A is _______ showing [[___explain any of the followng that applies___]]
Therefore, Defendants ______, an individual, and ______, a company both have non-exempt property that can be used towards satisfaction of the judgment. 

Turnover:  Accordingly, Plaintiff requests the Court order Defendant to turn over to a receiver all nonexempt property that is in the defendant’s possession or subject to the defendant’s control, together with all documents related to the property. 

Receiver:  Plaintiff further moves the Court to appoint a receiver pursuant to §31.002(b)(3) Id., to take possession of the nonexempt assets and documents related to the assets, sell the assets and apply the proceeds from the sale towards the judgment, and the receiver’s fee and costs.  Plaintiff requests this court appoint Tony Savarese, whose address is 3708 East 29th Street Suite 315, Bryan TX 77802 (telephone number (979) 227-7727, fax (877) 665-6742, receiver@xr2.us) as Receiver.  Mr. Savarese has been enforcing civil money judgments thru judicial proceedings since 2013. He has a collectors bond on file with the Texas Secretary of State.  Collecting this judgment is going to be primarily an investigative task.  Mr. Savarese is a licensed private investigator, and has been appointed in other District Courts of Dallas, Tarrant, Collin, Ellis and Harris Counties.  Mr. Savarese is perfectly suited for this task.

Receiver's Bond:  Plaintiff requests no bond be required. "There is a strong view that since the underlying obligation has been determined by final judgment, the judgment debtor will not be harmed if no bond, or merely a nominal bond, is required ... any bond required should not be in an amount that would act as a prohibitive cost or make it economically impossible for the judgment creditor to use the remedies provided in [the turnover statute] for even the smallest of judgments."  Childre v. Great Sw. Life Ins. Co., 700 S.W. 2d 284, 289 (Tex. App.—Dallas 1985, no writ). 

Receiver's Fee:  The Receiver's Fee should be the customary 25% and taxed against the Judgment Debtor. The Receiver's actual expences should also be taxed against the judgment debtor, subject to the courts approval.

Attorney's Fees:  Under §31.002(e) of the CPRC, a judgment creditor is entitled to recover reasonable costs, including attorney’s fees for application of a turnover order.   Plaintiff requests that the Court award its attorney’s fees, expenses and costs in the amount of $____________ for preparing, filing and arguing this motion and obtaining an order.

Ex Parte relief Requested:  When a judgment debtor is likely to dispose of property if notice and a hearing are given, the Court may enter a turnover order on an ex parte basis.  Ex Parte Johnson, 654 S.W.2d. 415, 418 (Tex. 1983) (stating that notice and a hearing prior to the issuance of a turnover order are not required); Thomas v. Thomas, 975 S.W.2d 63, 69 (Tex.App.—Waco 1996, no writ) (issuing an ex parte turnover order does not compromise constitutional principles).  Ex parte post-judgment collection proceedings do not compromise due process principles because the judgment puts the debtor on notice that post judgment proceedings will follow.  Sivley v. Sivley, 972 S.W.2d 850 (Tex.App.—Tyler, 1998, no pet.).

Plaintiff believes that good cause exists for the granting of this application on an ex parte basis to avoid giving the defendant the opportunity to alienate, transfer, hide, or dispose of non-exempt property before the receiver can take possession. 

Wherefore, Plaintiff respectfully requests that the Court grant this application on submission, order turnover of Defendant’s non-exempt property, appoint Tony Savarese as receiver, award Plaintiff reasonable attorneys’ fees and expenses, and grant all further relief to which Plaintiff may be entitled.

Respectfully Submitted,