§ 64.055 — EXECUTION ON JUDGMENT.

Texas § 64.055

• Jurisdiction: Texas
• Code CP: Civil Practice and Remedies Code

Text

Sec. 64.055. EXECUTION ON JUDGMENT. (a) To obtain payment on a judgment against a receiver, the owner of the judgment may apply to the court that appointed the receiver for an order that the receiver pay the judgment. If the receiver possesses money that is subject to payment of the judgment, but the court refuses to order payment, the owner of the judgment may apply to the court that issued the judgment for execution on the judgment.
(b) The owner of the judgment must file with the court that issued the judgment an affidavit reciting that:
(1) he applied to the court that appointed the receiver for an order of payment;
(2) it was shown to the appointing court that the receiver had money subject to payment of the judgment at that time; and
(3) the appointing court refused to order the receiver to pay the judgment.
(c) The court that issued the judgment shall issue execution that may be levied on any property held by the receiver. The property shall be sold as under ordinary execution, and the sale of the property conveys title to the purchaser.

Legislative History

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.