This order can NOT be used in a Justice of Piece Court. This order provides additional tools for the receiver to find and liquidate assets. It must be editied and tailored to your case, and reviewed by a lawyer.

ORDER FOR TURNOVER AND APPOINTMENT OF RECEIVER

         On this day, came on to be considered the “Ex-Parte Application for Post-Judgment Turnover and Appointment of Receiver” of ____Plaintiff____ (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 ____Corporation____ and the non-exempt assets of ____individual____ (herein “Defendant or Defendants”). Respondent refers to ____CorpContact____, an officer of the defendant ____corporation____.

         Based on the pleadings, the judgment, the evidence, and the papers on file in this cause, the Court finds that the Judgment is valid, final, and payable. The judgment was awarded on ____date____ for $_____________ including all damages, costs, prejudgment interest, and attorneys fees; all together with post-judgment interest accruing at the rate of ____________% to be compounded annually. As of ____Today____, the amount of any credits, payments, and offsets was $__________.

         The Court FINDS that the judgment remains unsatisfied; that both Judgment Debtors owns property that is not exempt from attachment, execution, or seizure for the satisfaction of the judgment; and that Judgment Creditor is entitled to the court’s aid in reaching Judgment Debtor’s nonexempt property to satisfy the judgment. 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, whose address is 3708 East 29th Street Suite 315, Bryan TX 77802 (telephone number (979) 227-7727, fax (877) 665-6742, receiver@xr2.us) be, and is hereby appointed Receiver in this case pursuant to the Texas Turnover Statute, §31.002(b)(3) Texas Civil Practice and Remedies code, with the power and authority to take possession of and sell all non-exempt property of the Defendants 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 the Defendant; (2) all financial accounts (bank account), certificates of deposit, money-market accounts, accounts held by any third party; (3) all 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 and (11) intangible property and property rights, including but not limited to intellectual property rights such as internet domains, patents, copyrights and trademarks; and that all such property shall be held in custodia legis of said Receiver as of the date of this Order.

         Each Defendant and Respondent for a Defendant is ORDERED to turnover to the Receiver within five (5) days from receipt of a copy of this Order: 1) the documents contained on Exhibit “A” attached hereto, together with all documents and financial records which may be requested by the Receiver; 2) all checks, cash, securities (stocks and bonds), promissory notes, documents of title, and contracts owned by or in the name of Defendant;

         Each Defendant and Respondent are ORDERED to identify to the receiver all interests of the defendant in any business or venture.

         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.

         Each Defendant is ORDERED to 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 Defendant’s receipt of such property. Paychecks for current wages are exempt from this order.

         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 Defendant and all rents due to the Defendant from any tenant; 2) change locks to all premises, except the homestead, at which any property is situated; 3) direct the delivery of Defendant's mail and the mail of any business of the defendant to the Receiver's address and open all mail directed to Defendant and any business of the defendant; 4) endorse and cash all checks and negotiable instruments payable to Defendant, except paychecks for current wages; 5) hire a real estate broker to sell any real property and mineral interest belonging to the Defendant; 6) hire any person or company to move and store the property of Defendant; 7) (but not the obligation) to insure any property belonging to the Defendant; 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 the Defendant; 9) obtain from any landlord, building owner or building manager where the Defendant or the Defendant’s business is a tenant copies of the Defendant’s lease, lease application, credit application, payment history and copies of Defendant’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 Defendant may be situated, and to review and obtain copies of all documents related to same; 12) negotiate and obtain installment payment agreements with Defendant, 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; and 13) certify copies of this Order.

         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 the defendant’s payments, payment history and financial information, including account information, telephone numbers, names, service addresses, telephone numbers, IP addresses, call detail records, Historical and real-time location data, 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.

         The Receiver shall have the power and authority to take control of Defendant’s website by transferring Defendant’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 in Defendant’s names.

         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 Defendant, 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.

         This order shall remain in effect until the judgment is paid, or until the receivership is terminated.

         Attorney Fees: It is further ORDERED that Applicant have and recover from Defendant, the additional sum of $______ as attorney fees for the presentation of this motion.

         Bond; Receiver’s Fee: The Receiver    is   /   is not    ordered to post bond in the amount of $__________ payable to this Court and conditioned upon his faithful discharge of his duties in accordance with this Order. The Clerk may accept a check from the receiver or the applicant’s attorney’s firm for the bond, costs and other deposits. The receiver’s fee is 25% of all proceeds coming into his possession, which the Court finds to be the customary and usual fee for a turnover receiver. The receiver’s fee is taxed as a cost against the defendant. All filing fees for the receiver are waived. The Receiver is further ordered to take the oath of his office.

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 Judgment Creditor 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, 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.

                                                    SIGNED this _____ day of _________________________ [Year].

                                                    _________________________________________
                                                    JUDGE PRESIDING

APPROVED AS TO FORM:

BY:_______________________
[[ Attorney's Name ]]
[[ State Bar No. ]]
PLAINTIFF’S ATTORNEY

EXHIBIT A TO RECEIVERSHIP ORDER
DOCUMENTS TO BE TURNED OVER TO RECEIVER

All records, as hereinafter described, concerning affairs of Defendant; unless otherwise noted, for the preceding 36 months:

1. bank statements; pass books and other bank or financial institution records;
2. federal income and state franchise tax returns;
3. all motor vehicle Certificates of Title (preceding 72 months);
4. real property deeds and deeds of trust (preceding 10 years);
5. business journals, ledgers, accounts payable and receivable files;
6. state sales tax reports;
7. credit applications and other documents stating debtor’s financial condition (preceding 72 months);
8. If a corporate or LLC defendant: Beneficial Ownership Information Report (BOIR) filed with the US Department of Treasury under the Corporate Transparency Act.