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Ok. You’ve sent post-judgment interrogatories and deposed your judgment debtor. You have obtained a writ of execution to take possession of property discovered in the interrogatories and by means of deposition testimony. But, right away you notice that the goods you thought you could get aren’t easily taken through these common post-judgment collection methods. What are you to do?

What you shouldn’t do is throw in the towel. There is an additional tool you may benefit from once you have exhausted all other techniques. It is known as “turnover relief.” In the interest of complete disclosure let me say that you do not really have to delay until you’ve exhausted all other post-judgment collection methods prior to considering turnover relief. However, it truly is much easier to use the other methods initially. And, some courts still require you to obtain a writ of execution and have it returned “nulla bona” before they’ll allow turnover relief. Consequently, the best practice is to at least issue the writ of execution and make the service effort on it first. Following that, you may move for turnover relief if you so desire.

So, what exactly is “turnover relief?” It is actually a procedure in which the court orders your judgment debtor to turn over to you, the judgment creditor, all non-exempt property to satisfy the judgment you own. What the procedure essentially does is place the burden on your judgment debtor to deliver the property to you as opposed to the burden being on you to locate the property by means of the customary post-judgment discovery process. But, bear in mind that the court’s power in this “turnover order” is limited to nonexempt property of the judgment debtor that you cannot easily attach or levy via usual legal process. See Texas Civil Practice & Remedies Code Section 31.002(a).

One more extremely useful twist to a turnover order is that the court may appoint a receiver to accumulate the property. If the court appoints a receiver that person’s task is to take possession of the property, sell it and pay the proceeds to you until the judgment is satisfied in full. See Texas Civil Practice & Remedies Code Section 31.002(b)(3). Obviously, the decision to appoint a receiver is entirely within the discretion of the court.

Although a turnover order is generally an effective approach to enforcing your judgment when all other remedies are unsuccessful, don’t get the false idea that it will be the key to all your collection troubles. It is not. You must realize that the turnover order is only available to acquire your judgment debtor’s nonexempt assets. Just like with a writ of execution some property is definitely exempt from a turnover order. But, there is also plenty of property which is subject to a turnover order.

Find out all about how to collect your judgment in Texas. Stop by Harvey L. Cox’s site where you can find out all about turnover orders in Texas and how they can help you collect your judgment.