The Texas turnover order: reaching assets a writ of execution cannot

Execution works on property a constable can find and seize. A great deal of what a judgment debtor owns is not like that: a right to a future payment, an interest in an out-of-state account, a claim against somebody else. The turnover statute exists for exactly that gap, and it does something no writ does — it orders the debtor to hand the property over, on pain of contempt.

It is also narrower than it looks. Wages are off limits until they are paid, and exempt property is off limits entirely.

When the statute is available

CPRC § 31.002(a):

A judgment creditor is entitled to aid from a court of appropriate jurisdiction, including a justice court, through injunction or other means in order to reach property to obtain satisfaction on the judgment if the judgment debtor owns property, including present or future rights to property, that is not exempt from attachment, execution, or seizure for the satisfaction of liabilities.

Three elements in one sentence: the debtor owns property; the property is not exempt; and the creditor needs the court's aid to reach it. The words "present or future rights to property" are what make the statute useful — a contingent or not-yet-payable right is within reach.

Note also "including a justice court." This is not a district-court-only remedy.

The three things a court can order

CPRC § 31.002(b):

The court may: (1) order the judgment debtor to turn over nonexempt property that is in the debtor's possession or is subject to the debtor's control, together with all documents or records related to the property, to a designated sheriff or constable for execution; (2) otherwise apply the property to the satisfaction of the judgment; or (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.

Option (1) reaches property the debtor possesses or controls — control is enough, so property held elsewhere at the debtor's direction is covered — and it sweeps in "all documents or records related to the property," which is often worth as much as the property.

Option (3) is the receiver, and it is the reason turnover practice has the reputation it does. A receiver does not need the debtor's cooperation: the receiver takes possession, sells, and pays over.

The order does not have to name the property

CPRC § 31.002(h) is one sentence and it changes how these motions are drafted:

A court may enter or enforce an order under this section that requires the turnover of nonexempt property without identifying in the order the specific property subject to turnover.

A creditor who knows assets exist but not what they are can still obtain an order. That is unusual, and it is why the turnover order is often sought before, rather than after, an exhaustive asset hunt.

Enforcement, procedure, and costs

Three short subsections carry most of the practical weight.

§ 31.002(c) — the teeth:

The court may enforce the order by contempt proceedings or by other appropriate means in the event of refusal or disobedience.

§ 31.002(d) — where to bring it:

The judgment creditor may move for the court's assistance under this section in the same proceeding in which the judgment is rendered or in an independent proceeding.

Either the original case or a new one. There is no requirement to open a separate proceeding.

§ 31.002(e) — who pays:

The judgment creditor is entitled to recover reasonable costs, including attorney's fees.

"Is entitled to," not "may recover." Fees are part of the remedy.

What turnover cannot reach

Two limits, and they are absolute in ordinary cases.

Exempt property, under § 31.002(f):

A court may not enter or enforce an order under this section that requires the turnover of the proceeds of, or the disbursement of, property exempt under any statute, including Section 42.0021, Property Code. This subsection does not apply to the enforcement of a child support obligation or a judgment for past due child support.

Unpaid wages, under § 31.0025:

Notwithstanding any other law, a court may not, at any time before a judgment debtor is paid wages for personal services performed by the debtor, enter or enforce an order that requires the debtor or any other person to turn over the wages for the satisfaction of the judgment. (b) This section applies to wages in any form, including paycheck, cash, or property. (c) This section does not apply to the enforcement of a child support obligation or a judgment for past due child support.

Read the wage provision carefully. The bar is on turnover before the wages are paid — and it reaches "wages in any form," which forecloses the argument that a payment in property rather than cash is something other than wages. Both limits carve out child support.

Receivers and banks

CPRC § 31.002(g) adds a step where a financial institution is involved:

With respect to turnover of property held by a financial institution in the name of or on behalf of the judgment debtor as customer of the financial institution, the rights of a receiver appointed under Subsection (b)(3) do not attach until the financial institution receives service of a certified copy of the order of receivership in the manner specified by Section 59.008, Finance Code.

An order in hand is not enough. Against a bank, the receiver's rights attach on service of a certified copy, in the statutory manner. Skipping that step means the receiver has no rights the bank must recognize.

How Texas compares to the federal rules

Turnover is Texas's answer to a problem the federal rules solve, if at all, by borrowing state law. The practical difference is the receiver: an appointment under (b)(3) does not depend on the debtor doing anything.

A short checklist

• Establish non-exemption first. The statute only reaches property that is not exempt, and § 31.002(f) is a hard bar.
• Do not chase unpaid wages. They are outside the statute until paid, in any form — unless the judgment is for child support.
• Ask for the records too. Subsection (b)(1) covers documents and records related to the property.
• Consider a receiver rather than an order to the debtor where cooperation is unlikely.
• If a bank holds the property, serve a certified copy of the receivership order under Finance Code § 59.008 — the receiver's rights do not attach until you do.
• You do not have to identify the property. Subsection (h) exists for exactly that situation.
• Ask for costs and fees. The statute says the creditor is entitled to them.
• Choose your forum. The same case or an independent proceeding; justice courts are included.
• If the judgment is old, check dormancy first — see reviving a dormant Texas judgment.

Where these rules live

• CPRC § 31.002 — Collection of Judgment Through Court Proceeding
• CPRC § 31.0025 — Authority of Court to Order Turnover of Wages
• CPRC § 34.001 — No Execution on Dormant Judgment

This page explains what the statute says; it is not legal advice, and whether particular property is exempt under the Property Code is a question it does not answer.