A Texas Order for Turnover requires the debtor to turn assets over to the sheriff for sale to pay some or all of the judgment amount.
A Texas order for turnover is a powerful collections tool and one of our favorite tactics for collecting debt. 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, an order for turnover requires the debtor to deliver non-exempt assets to the sheriff. The sheriff will then sell the assets and deliver the proceeds to the holder of the judgment to satisfy part (or all) the judgment.
The best way for the debt to be collected is to force the debtor to interact with us. An order for turnover is quite effective in motivating the debtor to discuss the situation with us. The debtor receives an order to appear in court. They frequently discuss the intent of the motion with us at that point. Then they have to appear in court- where we can talk to them again. Once the order for turnover is issued requiring the turnover of assets, we have many more reasons to talk to the judgment debtor. An order for turnover 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.
Questions About Turnover Orders
What is a Texas turnover order in plain terms?
A turnover order is a court order requiring the judgment debtor to physically deliver non-exempt assets to the sheriff. The sheriff then sells those assets at public auction and delivers the proceeds to the judgment creditor to satisfy part or all of the judgment. Texas law provides few enforcement tools more direct.
What types of assets can a turnover order reach?
A turnover order can reach non-exempt personal property — which includes interests in other businesses or entities, accounts receivable, cash, vehicles, equipment, and certain contractual rights. It is particularly useful for assets that are difficult to seize through a standard writ of execution, such as ownership interests in a closely held company or money owed to the debtor by a third party.
Why do you describe the turnover order as one of your favorite tactics?
Because it forces the debtor to interact. The process requires the debtor to receive a court order, appear in court, and then actually turn assets over — or face contempt. Each of those steps creates an opportunity for the debtor to reconsider their position and negotiate a resolution. It is not just about seizing assets — it is about using the legal process itself as leverage to bring the debtor to the table.
Can the turnover hearing happen without the debtor present?
In most cases, the debtor is given notice and the hearing is conducted with both sides present. However, in unusual circumstances, we can present a turnover motion to the judge without the debtor being present — known as an ex parte hearing. Once the order is issued, the debtor typically has thirty days to comply before the sheriff proceeds with notice and auction.
What is the connection between a turnover order and a receivership?
A turnover proceeding can also be used to ask the court to appoint a receiver — a neutral third party appointed by the court to take control of the debtor's non-exempt assets, manage them, and liquidate or direct them toward satisfying the judgment. A receiver is particularly useful when the debtor's assets are complex, ongoing, or require active management rather than simple liquidation.
Is a turnover order effective even if the debtor claims to have no assets?
Often yes. Debtors who claim to have nothing are sometimes surprised by what a careful investigation and a turnover proceeding uncover. The court order itself — requiring the debtor to appear and account for their assets under oath — frequently produces information that contradicts the "I have nothing" claim. And a debtor who makes false statements to the court faces serious legal consequences.