Texas Civil Practice And Remedies Code Title 2, Chapter 34 - Execution On Judgments
SUBCHAPTER A ISSUANCE AND LEVY OF WRIT
- Texas Section 34.001 - No Execution On Dormant Judgment
(a) If a writ of execution is not issued within 10 years after the rendition of a judgment of a court of record or a...
- Texas Section 34.002 - Effect Of Plaintiff's Death
(a) If a plaintiff dies after judgment, any writ of execution must be issued in the name of the plaintiff's legal representative, if any, and...
- Texas Section 34.003 - Effect Of Defendant's Death
The death of the defendant after a writ of execution is issued stays the execution proceedings, but any lien acquired by levy of the writ...
- Texas Section 34.004 - Levy On Property Conveyed To Third Party
Property that the judgment debtor has sold, mortgaged, or conveyed in trust may not be seized in execution if the purchaser, mortgagee, or trustee points...
SUBCHAPTER B RECOVERY OF SEIZED PROPERTY
- Texas Section 34.005 - Levy On Property Of Surety
(a) If the face of a writ of execution or the endorsement of the clerk shows that one of the persons against whom it is...
- Texas Section 34.021 - Recovery Of Property Before Sale
A person is entitled to recover his property that has been seized through execution of a writ issued by a court if the judgment on...
SUBCHAPTER C SALE
- Texas Section 34.022 - Recovery Of Property Value After Sale
(a) A person is entitled to recover from the judgment creditor the market value of the person's property that has been seized through execution of...
- Texas Section 34.041 - Sale At Place Other Than Courthouse Door
(a) If the public sale of real property is required by court order or other law to be made at a place other than the...
- Texas Section 34.042 - Sale Of City Lots
If real property taken in execution consists of several lots, tracts, or parcels in a city or town, each lot, tract, or parcel must be...
- Texas Section 34.043 - Sale Of Rural Property
(a) If real property taken in execution is not located in a city or town, the defendant in the writ who holds legal or equitable...
- Texas Section 34.044 - Stock Shares Subject To Sale
Shares of stock in a corporation or joint-stock company that are owned by a defendant in execution may be sold on execution. Acts 1985, 69th...
- Texas Section 34.0445 - Persons Eligible To Purchase Real Property
(a) An officer conducting a sale of real property under this subchapter may not execute or deliver a deed to the purchaser of the property...
- Texas Section 34.045 - Conveyance Of Title After Sale
(a) When the sale has been made and its terms complied with, the officer shall execute and deliver to the purchaser a conveyance of all...
- Texas Section 34.046 - Purchaser Considered Innocent Purchaser Without Notice
The purchaser of property sold under execution is considered to be an innocent purchaser without notice if the purchaser would have been considered an innocent...
- Texas Section 34.047 - Distribution Of Sale Proceeds
(a) An officer shall deliver money collected on execution to the entitled party at the earliest opportunity. (b) The officer is entitled to retain from...
SUBCHAPTER D DUTIES AND LIABILITIES OF EXECUTING OFFICER
- Texas Section 34.048 - Purchase By Officer Void
If an officer or his deputy conducting an execution sale directly or indirectly purchases the property, the sale is void. Acts 1985, 69th Leg., ch....
- Texas Section 34.061 - Duty Toward Seized Personalty; Liability
(a) The officer shall keep securely all personal property on which he has levied and for which no delivery bond is given. (b) If an...
- Texas Section 34.062 - Duty Of Successor Officer
If the officer who receives a writ of execution dies or goes out of office before the writ is returned, his successor or the officer...
- Texas Section 34.063 - Improper Endorsement Of Writ
(a) If an officer receives more than one writ of execution on the same day against the same person and fails to number them as...
- Texas Section 34.064 - Improper Return Of Writ
(a) An officer may file an amended or corrected return after the officer has returned a writ to a court. (b) Once an officer receives...
- Texas Section 34.065 - Failure To Levy Or Sell
(a) If an officer fails or refuses to levy on or sell property subject to execution and the levy or sale could have taken place,...
- Texas Section 34.066 - Improper Sale
(a) If an officer sells property without giving notice as required by the Texas Rules of Civil Procedure or sells property in a manner other...
- Texas Section 34.067 - Failure To Deliver Money Collected
If an officer fails or refuses to deliver money collected under an execution when demanded by the person entitled to receive the money, the officer...
- Texas Section 34.068 - Rules Governing Actions Under This Chapter
(a) This section applies to any claim for damages brought under Section 7.001, 34.061, 34.063, 34.065, 34.066, or 34.067 or under Section 86.023, Local Government...
- Texas Section 34.069 - Payment Of Damages
A county, at the discretion of the commissioners court, may pay any judgment taken against an officer under Section 7.001, 34.061, 34.063, 34.064, 34.065, 34.066,...
- Texas Section 34.070 - Right Of Subrogation
An officer against whom a judgment has been taken under Section 7.001, 7.002, 34.061, 34.063, 34.064, 34.065, 34.066, or 34.067 or under Section 86.023, Local...
- Texas Section 34.071 - Duties Of Executing Officer
An officer receiving a writ of execution does not have a duty to: (1) search for property belonging to the judgment debtor; (2) determine whether...
- Texas Section 34.072 - Timing Of Execution And Return
(a) An officer receiving a writ of execution may return the writ after the first levy, or attempted levy, if the judgment creditor cannot designate...
- Texas Section 34.073 - Transfer Of Writ; No Duty To Levy Outside Of County
(a) An officer receiving a writ may transfer the writ to another officer in another precinct, or to another law enforcement agency authorized to perform...
- Texas Section 34.074 - Officer's Surety
(a) An officer's surety may only be liable for the penal sum of the surety bond minus any amounts already paid out under the bond....
- Texas Section 34.075 - Wrongful Levy
Whenever a distress warrant, writ of execution, sequestration, attachment, or other like writ is levied upon personal property, and the property, or any part of...
- Texas Section 34.076 - Exclusive Remedy
This subchapter is the exclusive remedy for violations of an officer's duties with regard to the execution and return of writs without regard to the...
Last modified: September 28, 2016