Motion for Turnover (Texas)
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 actually 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.