Instructions: 

· The first two sentences should be adapted to your case

· Remove all occurrences of   "and Respondent for a Judgment Debtor"   if none of the debtors are a partnership or company.

· Fill in the remaining variables, including Attorney's fees

Variables:

__1__    (1 place)       Name Judgement Creditor

__2__     (2 places)     Names of Corporate Judgment Debtors

__3__     (1 place)       Names of individual Judgment Debtors

__4__     (1 place)       Attorney’s fee for presenting the motion

Revisions:

2026-07-05     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.

                        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.

2026-06-25     These improvements are taken from an order signed by Judge Moyer is cause DC-22-16320.  Edited the 2^nd & 3^rd sentences.  Inserted the 2^nd 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. 

2026-06-22     Added authority related to commercial vehicles, added prerequisite for sister States recognizing foreign receivers, eliminated duplicate language and other minor corrections.

[ COURT HEADING ]

ORDER FOR TURNOVER AND APPOINTMENT OF RECEIVER

CAME ON to be heard the Application for Turnover and Appointment of Receiver of __1__ (herein “Applicant”); whereupon, the Court, after review of the papers on file in this cause, became of the opinion that a Receiver should be appointed to take possession of and sell the leviable assets of __2__ and the non-exempt assets of __3__ (herein “Judgment Debtor” or ”Judgment Debtors”).  “Respondent” refers to any officer, director, or managing member of __2__.  Based on the pleadings, judgment, evidence, and papers on file in this cause, the Court finds that the Judgment Debtors each own non-exempt property that cannot be attached by ordinary legal Process. 

The Court further finds that the judgment remains unsatisfied, and judgment Creditor is entitled to teh Court's aid in reaching those assets to satisfy the judgment.  The Court also finds that considering this application without notice to judgment Debtor was justified.

Notwithstanding any contrary language herein, this order does not compel turnover of a natural person’s homestead, or checks for current wages or other exempt property.

IT IS THEREFORE ORDERED that Tony Savarese (3708 East 29th Street Suite 315, Bryan TX 77802; Email: receiver@xr2.us; Phone: 979-227-7727) be, and is hereby appointed Receiver in this case pursuant to Texas Civil Practice and Remedies Code §31.002 (The Texas Turnover Statute) with the power and authority to take possession of and sell all nonexempt property of the Judgment Debtors through a private or public sale, including, but not limited to the following non-exempt property:  (1) all documents or records, including financial records, related to such property that is in the actual or constructive possession or control of a Judgment Debtor; (2) all financial accounts (bank account), certificates of deposit, money-market accounts, and any other accounts held by any third party; (3) all brokerage accounts and securities; (4) all real property, equipment, vehicles, boats, and planes; (5) all safety deposit boxes or vaults; (6) all cash; (7) all negotiable instruments, including promissory notes, drafts, and checks; (8) causes of action, choses of action, and judgments; (9) contract rights, whether present or future; (10) accounts receivable; (11) intangible property and property rights, including but not limited to intellectual property rights such as internet domains, patents, copyrights and trademarks and (12) Cryptocurrency and other blockchain-based assets, including hot and cold wallets, private keys, seed phrases, and recovery information;  

and that all such property shall be held in custodia legis of said Receiver as of the date of this Order.

Judgment Debtor’s Turnover Obligations

IT IS FURTHER ORDERED that each Judgment Debtor and Respondent for a Judgment Debtor is ORDERED to turnover to the Receiver within five (5) days from receipt of a copy of this Order: 1) All documents and financial records which may be requested by Receiver; 2) All checks, cash, securities (stocks and bonds), promissory notes, documents of title, and contracts owned by or in the name of any Judgment Debtor; 3) All cold wallets, digital devices, login credentials, private keys, recovery phrases, and QR codes used to access and secure block-chain assets, including but not limited to cryptocurrency;  and 4) any and all records as hereinafter described, concerning the affairs of Judgment Debtors, unless otherwise noted, for the preceding 72 month::

A) Bank statements, passbooks and other bank or financial institutions records;

B) Federal income and state franchise tax returns;

C) All motor vehicle Certificates of Title;

D) Real property deeds and deeds of trust;

E) Business journals, ledgers, accounts payable and receivable files;

F) State sales tax reports;

G) Credit applications and other documents stating Judgment Debtor’s financial condition;

H) All documents and records related to the community property of Judgment Debtors marital estate; and

I) all discovery responses still due pursuant to any post-judgment discovery previously served.

IT IS FURTHER ORDERED that each Judgment Debtor and Respondent for a Judgment Debtor are ORDERED to identify to the receiver all interests of Judgment Debtor in any business or venture.

IT IS FURTHER ORDERED that each Judgment Debtor and Respondent for a Judgment Debtor shall continue, until the Judgment in this cause is fully paid, to turnover to the Receiver at the Receiver’s address all checks, cash, securities, promissory notes, documents of title, and contracts within three (3) days from the Judgment Debtor’s receipt of such property.  Paychecks for current wages are exempt from this Order.

IT IS FURTHER ORDERED that Judgment Debtors are ENJOINED from transferring any non-exempt assets, including any asset described herein, outside of the ordinary course of business.  Judgment Debtors shall not grant or impose liens on or security interest in any asstes without the prior written approval of the Receiver.  Notwithstanding the foregoing, Judgment Debtors are prohibited from transferring any block-chain assets.  Any transfer, lien, or security interest created in violation of this order shall be void.

Receiver’s Authority

IT IS FURTHER ORDERED that, in addition to the powers of the Receiver set forth herein, the Receiver shall have the right, authority, and power to: 1) collect all accounts receivable of Judgment Debtors and all rents due to the Judgment Debtors from any tenant; 2) change locks and take all reasonable actions necessary to gain access to non-homestead premises, including storage facilities, safety-deposit boxes, real property, and leased premises; 3) redirect and open Judgment Debtor’s business mail, inclusive of, without limitation, mail from any U.S. Postal Service, Approved Postal Provider, or approved Shipper such as a UPS store or other independent mail service provider;  4) endorse and cash all checks and negotiable instruments payable to a Judgment Debtor, except paychecks for current wages; 5) Hire professionals as reasonably necessary to carry out duties under this Order, provided that the fees for such professionals are subject to Court approval; 6) hire any person or company to move and store the property of a Judgment Debtor; 7) insure (but not the obligation) any property belonging to a Judgment Debtor; 8) obtain from any financial institution, bank, credit union, credit bureau, savings and loan, title company, or any other third party, any financial records, including credit reports or credit information belonging to or pertaining to a Judgment Debtor; 9) obtain from any landlord, building owner or building manager where a Judgment Debtor or the Judgment Debtors’ business is a tenant copies of the Judgment Debtor’s lease, lease application, credit application, payment history and copies of Judgment Debtor’s checks for rent or other payments; 10) hire any person or company necessary to accomplish any right or power under this Order; 11) take all action necessary to gain access to all storage facilities, safety-deposit boxes, real property, and leased premises wherein any property of a Judgment Debtor may be situated, and to review and obtain copies of all documents related to same; 12) negotiate and obtain installment payment agreements with Judgment Debtor, if the receiver reasonably believes that a payment agreement is the best option to satisfy the judgment and the receiver does not compromise any amounts awarded in the judgment without the plaintiff’s authorization; 13) certify copies of this Order; and 14) direct Sheriffs, Constables, or other peace officers to assist in the execution of this Order.

IT IS FURTHER ORDERED that, with respect to any commercial vehicles of a Judgment Debtor, the receiver shall have the authority to obtain from insurance companies, US DOT, Toll authorities, ELD providers, Load Brokers, and other third parties any vehicle data of Judgment Debtor, including but not limited to GPS history, driver logs, vehicle assignments, engine on/off events, geofence records, utilization reports, VIN numbers, toll records, and login credentials for any fleet management system or ELD account.

IT IS FURTHER ORDERED that, in addition to the powers of the Receiver set forth herein, the Receiver shall have the right, authority and power to request and obtain from providers of utilities, telecommunications, telephone, cell phone, cable, internet, data services, internet website hosts, satellite television services, and all similar services, (including Time Warner / Spectrum, Frontier, AT&T, Verizon, Sprint, Satellite TV, Direct TV, EV1, Google, Yahoo, and internet blogs and chat rooms) the production of any information regarding a Judgment Debtor’s payments, payment history and financial information, including account information, telephone numbers, names, service addresses, telephone numbers, IP addresses, call detail records, payment records, and bank and credit card information.  This Order serves as the court order required by 47 USC § 551, and satisfies all obligations of the responding party to obtain or receive a court order prior to disclosing material containing personally identifiable information of the subscriber and/or customer.

IT IS FURTHER ORDERED that the Receiver shall have the power and authority to take control of Judgment Debtor’s website by transferring Judgment Debtor’s domain names to the receiver’s Domain name management account.  This Order specifically serves as the court order required by Section 3(b) of the ICANN Uniform Domain Name Dispute Resolution Policy, and satisfies all obligations of the Receiver to obtain and receive a court order prior to changing and transferring the domain name registrations from Judgment Debtor’s names.

IT IS FURTHER ORDERED that, in furtherance of this receivership and to facilitate collection of Judgment Debtor's assets, the Receiver is expressly authorized to apply to the courts of any other state for recognition of this Order and appointment as ancillary receiver in such state with respect to receivership property located therein.  In connection with any such application, the Receiver may present a certified copy of this Order, a description of the receivership property located or believed to be located in such state, and any other information required by the laws of that state governing the recognition of foreign receivers or ancillary receivership appointments.  This authority is intended to facilitate enforcement of this Order in any jurisdiction whose laws permit recognition of a foreign court's receivership order, including but not limited to states that have adopted the Uniform Commercial Real Estate Receivership Act or similar legislation authorizing recognition of out-of-state receiverships.

Third-Party Turnover

IT IS FURTHER ORDERED that any storage facility, individual, or entity in possession, custody, or control of non-exempt property of a Judgment Debtor shall, upon service of this Order and request by the Receiver, immediately allow Receiver access to those assets without the need to require consent from Judgment Debtor, or take immediate action to freeze and secure those assets pending further instruction from the Receiver.  The subject property may not be released or transferred without written authorization from the Receiver or by order of the Court presiding over the Receivership.  This order serves as notice to any third party that the Receiver is vested with rights superior to that of the Judgment Debtor, to exercise control and take possession of the subject property.  Any records relating to the property requested by the Receiver shall be produced within a reasonable time, not to exceed ten (10) days absent good cause.  

IT IS FURTHER ORDERED that any car, truck, boat, aircraft and equipment dealer or  manufacturer shall produce keys to the Receiver upon the Receiver’s request and at the Receiver’s expense, which is taxable to Judgment Debtor subject to the Court’s final review. 

IT IS FURTHER ORDERED that the Receiver is authorized under Rule 103(2) to serve copies of this Order or subpoena’s to third parties and Judgment Debtors.

Charging Order

IT IS FURTHER ORDERED that this ORDER constitutes a Charging Order under the Texas Business Organizations Code.  This order constitutes a lien upon the judgment debtor’s partnership interest in any partnership and the judgment debtor’s membership interest in any limited liability company.  The receiver has the right to receive any distribution to which the judgment debtor would be entitled from the debtor’s partnership or membership interest.

Receiver’s Compensation and Requirements

IT IS FURTHER ORDERED that Receiver’s fee is conditionally set at 25% of the funds collected during the receivership, subject to the Judgment Debtor’s written agreement or later determination of reasonableness based on written agreement of the Judgment Debtor or proof of the work performed and the results obtained.  The court-approved fee will be taxed as costs against Judgment Debtor, and Receiver may collect that fee from Judgment Debtor in addition to the amount collected to satisfy the judgment.

IT IS FURTHER ORDERED that Receiver must provide an accounting or receipts of any reasonable and necessary expenses, including those for storage of any property seized, to the court.  Court-approved expenses will be taxed as costs against Judgment Debtor, and Receiver may collect those expenses from Judgment Debtor in addition to the amount collected to satisfy the judgment

IT IS FURTHER ORDERED that Receiver must file an oath to perform their duties faithfully before acting under this Order.

IT IS FURTHER ORDERED that

[   ]      No bond required; or

[   ]      Receiver must execute a good and sufficient bond in the amount of $____________ before acting under this Order.

Attorney Fees

IT IS FURTHER ORDERED that Applicant have and recover of and against Judgment Debtors, Judgment in the additional sum of __4__as additional attorney fees for the presentation of this motion.

Protected Property Rights

IT IS FURTHER ORDERED that as to judgment-debtors who are individuals:

Personal Property Rights of Judgment Debtor: Receiver must comply with Texas Rule of Civil Procedure 679b.

Receiver to Hold Property: Receiver must not disburse funds to Plaintiff or sell property within 14 days after serving Judgment Debtor with the Notice of Protected Property Rights, the Instructions for Protected Property Claim Form, and the Protected Property Claim Form approved by the Supreme Court of Texas, or within 17 days if service was by mail.  If the Judgment Debtor asserts an exemption, Receiver may only disburse funds to Judgment Creditor or sell property with Judgment Debtor’s written consent or a court order.

Term of Appointment

IT IS FURTHER ORDERED that this Receivership does not expire until the judgement creditor is fully paid, the judgment goes dormant, the Receiver resigns, or when it is terminated by the court.

Law Enforcement Assistance

IT IS FURTHER ORDERED that all Sheriffs or Constables, and their deputies, and all other peace officers, are hereby ordered to assist the Receiver in carrying out his duties and exercising his powers hereunder and prevent any person from interfering with the Receiver in taking control and possession of the property of Judgment Debtor, without the necessity of a Writ of Execution.  The Receiver is authorized to have a writ of execution issued and to direct any Constable or Sheriff to seize and sell property under the writ.

 SIGNED this _____ day of _____________ 2026

                                                                        ________________________________

                                                                        ________,_  Judge Presiding

APPROVED AS TO FORM:

[FORWARDING ATTORNEY]

BY:_______________________

[[ ATTORNEY ]]

[[ State Bar No.]]

______________’S ATTORNEY