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§ 64.053.Payment of Judgment Against Receiver

Title 3. Extraordinary Remedies · Chapter 64. Receivership · Subchapter D. Claims and Liabilities · Last amended 1985 · Last verified August 29, 2026

In one sentenceSection 64.053 requires the appointing court to order any judgment against the receiver paid from funds held by the receiver.

Full Text of § 64.053

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The court that appointed a receiver shall order any judgment against the receiver to be paid from funds held by the receiver.
End

Plain-English Summary

One sentence connecting a judgment to the money that satisfies it.

The court that appointed a receiver shall order any judgment against the receiver to be paid from funds held by the receiver.

The section answers a question the previous one leaves open. A claimant may sue a receiver without leave and in their own county — but obtaining a judgment against an officer of another court is not the same as being paid.

The duty falls on the appointing court, which is the court controlling the funds.

"Shall order" makes it mandatory, so the appointing court does not review the judgment or decide whether payment is appropriate.

That matters because the judgment came from a different court. Without this, the appointing court might treat a foreign judgment against its own receiver as something to be examined rather than honoured.

Payment is from funds held by the receiver, and the priority section governs where such a judgment ranks — personal injury judgments against the receiver sit fifth, ahead of pre-receivership judgments.

The mandatory duty is not unqualified in practice, since the funds may be insufficient or committed to higher-ranking claims.

The following section supplies the answer where the court will not order payment: the judgment owner may apply to the issuing court for execution, on an affidavit reciting the refusal.

Read together the three sections form a complete route — sue without leave, obtain an order for payment, and execute if payment is refused.

Frequently Asked Questions

How is a judgment against a receiver paid?

The appointing court shall order it paid from funds held by the receiver.

Does that court review the judgment?

No. The duty is stated as mandatory.

What if payment is refused?

The judgment owner may apply to the issuing court for execution, on an affidavit reciting the refusal.

Amendment History

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