Sec. 31.010. TURNOVER BY FINANCIAL INSTITUTION. (a) A financial institution that receives a request to turn over assets or financial information of a judgment debtor to a judgment creditor or a receiver under a turnover order or receivership under Section 31.002 shall be provided and may rely on:
(1) a certified copy of the order or injunction of the court; or
(2) a certified copy of the order of appointment of a receiver under Section 64.001, including a certified copy of:
(A) any document establishing the qualification of the receiver under Section 64.021;
(B) the sworn affidavit under Section 64.022; and
(C) the bond under Section 64.023.
(b) A financial institution that complies with this section is not liable for compliance with a court order, injunction, or receivership authorized by Section 31.002 to:
(1) the judgment debtor;
(2) a party claiming through the judgment debtor;
(3) a co-depositor with the judgment debtor; or
(4) a co-borrower with the judgment debtor.
(c) A financial institution that complies with this section is entitled to recover reasonable costs, including copying costs, research costs, and, if there is a contest, reasonable attorney's fees.
(d) In this section, "financial institution" means a state or national bank, state or federal savings and loan association, state or federal savings bank, state or federal credit union, foreign bank, foreign bank agency, or trust company.
Added by Acts 1999, 76th Leg., ch. 892, Sec. 1, eff. Sept. 1, 1999.
Section: Previous 31.001 31.002 31.0025 31.003 31.004 31.005 31.006 31.007 31.008Last modified: September 28, 2016