Requested by Creditor:
A creditor files an application with the Court pursuant to
§31.002 TX Civil Practice and Remedies Code. This statute was
amended in 2017 and 2019 reducing the prerequisites and clarified that
this remedy is now available in Justice Courts. Many Courts will now grant
these applicatons without prior notice to the Judgment Debtor because they
consider the Judgment itself as notice that collection activity may
commence. To get the order approved, the applicant shows that the
judgment is still owed, nominates the Reciever, and presents
evidence that Debtor has interest (now or in the future) in at least one
non-exempt asset. This could simply be a
- domain name
- inheritence
- share in an LLC
- account receivable
- patent to invention
- rental income
- insurance claim
- other claim or cause of action
- bank account
Nominee:
A Turnover Receiver's work is mostly that of an investigation rather
than a legal task. I have been enforcing civil judgments throughout
Texas since 2013. As a licensed private investigator specializing in
this area I am perfectly suited as a Court's Receiver for locating
debtors and their assets. Whether or not the FDCPA is applicable to a
Court's Receiver, I observe those rules anyway to avoid any unnecessary
challenges. I have been successful collecing judgments even when the
Debtor files bankruptcy. I take care of filing the proof of claim, and
have used discovery and 2004 exams to uncover bankruptcy fraud and other
grounds to challenge discharge or dischargability. I will take on small
claims and difficult cases that other Receivers would shy away from. I
will defend against a challenge of my seizure actions when appropriate.
I keep creditors informed of each event, such as a successful bank
freeze, recovery of an asset, all notices, discovery requests and
responses, and any hearings or potential payment plan offers. Likewise,
I inform defendants whenever I freeze or seize an asset, and would
facilitate or mediate a payment plan between the debtor and creditor.
However, The Receiver can not agree to a reduction in the amount
owed without the creditor's consent or a court order.