Collection of Judgements

You got a judgment against your Defendant.  You and your client are happy…for awhile.  Then you realize that the Defendant has no intention of paying the judgment.  On top of that, you realize he is actively concealing assets.  In fact, he may have even opened another business under another name.  What now?

One option is to hire an investigator to locate assets that can be attached or garnished.  Your client will pay for the services of the investigator and you may have some success.  However, there is a much more powerful option.  You can seek court assistance by requesting  a Receiver be appointed.

Virtually every state in the United States and all major countries in the world have some form of a Receiver statute.  By example, in Texas it is called the Turnover Statute, so in Texas a Receiver appointed by the court to collect a judgment is call a Turnover Receiver.

The Texas Civil Practice and Remedies Code Section 31.002 states:

(a)  A judgment creditor is entitled to aid from the court of appropriate jurisdiction through…other means in order to reach property to obtain satisfaction on the judgment if the judgment debtor owns property….

(b)  the court may:

(3)  appoint a receiver with the authority to take possession of the nonexempt property, sell it, and            pay the proceeds to the judgment creditor to the extent required to satisfy the judgment.

While the statute does not require that the court appointed Turnover Receiver be an attorney, most courts prefer to appoint a licensed attorney who subject to all the ethics rules of the state Bar Association.  ALSI Chief Investigator Allen L. Stidger is a licensed attorney and has made a commitment to acting as a Turnover Receiver by becoming certified by the International Association for Asset Recover Specialists (IAAR) as a Certified Specialist in Asset Recovery (CSAR).

Call ALSI at (817) 744-7808 and we will walk you through the process of obtaining a Turnover Receiver to satisfy your judgment.