Texas Motion for Turnover orders require the debtor to turn assets over to the sheriff for sale.
One of our favorite tools for collecting debt is the motion for turnover. We have used it many times to great effect. Sometimes, it is the only remedy that can push the debtor to settle with you. In simple terms, this motion asks a court to order the debtor to turn over non-exempt assets to the sheriff for sale to satisfy the judgment.
Our basic approach in collecting your judgment is to force the debtor to interact with us. A motion for turnover is very effective in causing the debtor to talk to us. They will receive an order to appear in court. That usually causes them to call us. Then they have to appear in court- where we can talk to them again. Once the order is issued requiring the turnover of assets, we have many more reasons to talk talk to them. This motion is a very effective tool for communicating with the debtor.
A formal hearing is the usual process for a motion for turnover. However, in unusual circumstances, we can present the motion for turnover to the judge without the debtor present (known as ex parte hearings). Normally, the judge will allow thirty days for the debtor to turn the assets over. The sheriff will then provide the proper notice to the public and sell the assets at auction.
A turnover proceeding can also be used to ask the court to put the debtor into a receivership. You can review that process by clicking here.
- The Abstract
- Writ of Garnishment
- Post-Judgment Investigation
- Post-Judgment Written Discovery
- Post-Judgment Deposition
- Motion to Compel
- Motion for Contempt
- Arresting the Debtor
- Discovery Has No Limits
- Motion for Turnover
- Appointing a Receiver
- Writ of Execution
- Property Exempt from Execution
- Spousal Property
Questions About the Motion for Turnover
What is the difference between a motion for turnover and a writ of execution?
A writ of execution directs a sheriff or constable to go find and seize the debtor's non-exempt property. A motion for turnover asks the court to order the debtor to actively deliver non-exempt assets to the sheriff themselves. Turnover is particularly effective for assets that are difficult for a sheriff to locate and seize independently — such as cash, business interests, or receivables — because it places the burden of delivery on the debtor.
What happens at a turnover hearing?
In most cases the debtor is notified and both sides appear. We present the basis for the motion — the judgment, evidence of non-exempt assets — and the court issues an order requiring the debtor to turn those assets over to the sheriff within a specified period, typically thirty days. The sheriff then provides public notice and conducts a sale at auction, delivering proceeds to the judgment creditor.
Can a turnover order be obtained without the debtor present?
In unusual circumstances, yes — this is called an ex parte hearing. Ex parte relief without notice to the debtor is an exception rather than the rule, available when the facts justify it. We pursue it when appropriate.
Why do you describe the turnover motion as a communication tool?
Because the process forces interaction at multiple points. The debtor receives the motion. They typically call us. They appear in court. After the order is issued, we have ongoing reasons to stay in contact about the status of the turnover. Each of these touchpoints is an opportunity for the debtor to decide that paying what they owe is preferable to the process continuing. Many matters resolve during the turnover process rather than going all the way to sheriff's auction.
Can a turnover proceeding lead to a receivership?
Yes. As part of a turnover proceeding, we can ask the court to appoint a receiver to take control of the debtor's non-exempt assets. A receiver is a court officer who manages and liquidates those assets on behalf of the creditor. We use this option selectively — receivers are paid approximately 25% of what they collect, which reduces the net recovery, so receivership makes the most sense in larger, more complex matters.