Texas § 34.063 IMPROPER ENDORSEMENT OF WRIT.

Texas Statutes

§ 34.063 — IMPROPER ENDORSEMENT OF WRIT.

Texas § 34.063

Code CPCivil Practice and Remedies Code

This text of Texas § 34.063 (IMPROPER ENDORSEMENT OF WRIT.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Civil Practice and Remedies Code Code Ann. § 34.063 (2026).

Text

Sec. 34.063. IMPROPER ENDORSEMENT OF WRIT.

(a)If an officer receives more than one writ of execution on the same day against the same person and fails to number them as received or if an officer falsely endorses a writ of execution, the officer and the officer's sureties are liable to the plaintiff in execution only for actual damages suffered by the plaintiff because of the failure or false endorsement.

(b)The plaintiff in execution has the burden to prove:

(1)the officer failed to properly number or endorse the writ of execution;

(2)the officer's failure precluded the levy of executable property owned by the judgment debtor;

(3)the executable property owned by the judgment debtor was not exempt from execution or levy; and

(4)the plaintiff in execution suffered actual damages.

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Sec. 34.063. IMPROPER ENDORSEMENT OF WRIT. (a) If an officer receives more than one writ of execution on the same day against the same person and fails to number them as received or if an officer falsely endorses a writ of execution, the officer and the officer's sureties are liable to the plaintiff in execution only for actual damages suffered by the plaintiff because of the failure or false endorsement.
(b) The plaintiff in execution has the burden to prove:
(1) the officer failed to properly number or endorse the writ of execution;
(2) the officer's failure precluded the levy of executable property owned by the judgment debtor;
(3) the executable property owned by the judgment debtor was not exempt from execution or levy; and
(4) the plaintiff in execution suffered actual damages.

Legislative History

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by: Acts 2007, 80th Leg., R.S., Ch. 421 (S.B. 1269 ), Sec. 4, eff. September 1, 2007.