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§ 64.036.Receivership Property Held by Financial Institution

Title 3. Extraordinary Remedies · Chapter 64. Receivership · Subchapter C. Powers and Duties · Last amended 1999 · Last verified August 29, 2026

In one sentenceSection 64.036 makes service of a receivership notice, demand or instruction on a financial institution holding a customer’s property governed by the Finance Code.

Full Text of § 64.036

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Service or delivery of a notice of receivership, or a demand or instruction by or on behalf of a receiver, relating to receivership property held by a financial institution in the name of or on behalf of a customer of the financial institution is governed by Section 59.008, Finance Code.
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Plain-English Summary

The same service redirection the other asset-reaching chapters use, with wider wording.

Service or delivery of a notice of receivership, or a demand or instruction by or on behalf of a receiver, relating to receivership property held by a financial institution in the name of or on behalf of a customer is governed by Section 59.008, Finance Code.

The wording is the broadest of the four such provisions. Not only a notice, but a demand or instruction by or on behalf of a receiver — which covers the ordinary correspondence of an administration rather than only its opening document.

That breadth fits what a receivership is. Attachment and garnishment are single events; a receivership is a continuing relationship in which the receiver may give many instructions over months.

"By or on behalf of a receiver" reaches the receiver’s agents and counsel, so the routing rule is not avoided by having someone else write.

The Finance Code provision sends all of it to one place — a registered address or designated officer — rather than to any branch.

The bank’s position here is more exposed than in a garnishment. A receiver claims authority to control an account, which means acting on instructions from a stranger to the customer relationship, and the institution needs certainty about who may give them.

The turnover statute supplies the other half of that certainty, letting a financial institution require and rely on certified copies of the receivership order, the receiver’s qualification, the sworn affidavit and the bond.

Together the two provisions tell a bank where instructions arrive and what proof to demand before acting on them.

Frequently Asked Questions

How is a bank notified of a receivership?

Under Section 59.008 of the Finance Code, which routes service to a central address rather than any branch.

Does that cover later instructions?

Yes. The section reaches a demand or instruction by or on behalf of the receiver, not only the initial notice.

What proof can the bank require?

Under the turnover statute, certified copies of the receivership order, the receiver’s qualification, the sworn affidavit and the bond.

Amendment History

  • Added by Acts 1999, 76th Leg., ch. 344, Sec. 7.005, eff. Sept. 1, 1999.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source