2005 Texas Civil Practice & Remedies Code CHAPTER 34. EXECUTION ON JUDGMENTS


CIVIL PRACTICE & REMEDIES CODE
CHAPTER 34. EXECUTION ON JUDGMENTS
SUBCHAPTER A. ISSUANCE AND LEVY OF WRIT
§ 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 justice court, the judgment is dormant and execution may not be issued on the judgment unless it is revived. (b) If a writ of execution is issued within 10 years after rendition of a judgment but a second writ is not issued within 10 years after issuance of the first writ, the judgment becomes dormant. A second writ may be issued at any time within 10 years after issuance of the first writ. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. § 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 in the name of any other plaintiff. An affidavit of death and a certificate of appointment of the legal representative, given under the hand and seal of the clerk of the appointing court, must be filed with the clerk of the court issuing the writ of execution. (b) If a plaintiff dies after judgment and his estate is not administered, the writ of execution must be issued in the name of all plaintiffs shown in the judgment. An affidavit showing that administration of the estate is unnecessary must be filed with the clerk of the court that rendered judgment. Money collected under the execution shall be paid into the registry of the court, and the court shall order the money partitioned and paid to the parties entitled to it. (c) Death of a plaintiff after a writ of execution has been issued does not abate the execution, and the writ shall be levied and returned as if the plaintiff were living. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. § 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 must be recognized and enforced by the county court in the payment of the debts of the deceased. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. § 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 out other property of the debtor in the county that is sufficient to satisfy the execution. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. § 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 issued is surety for another, the officer must first levy on the principal's property that is subject to execution and is located in the county in which the judgment is rendered. (b) If property of the principal cannot be found that, in the opinion of the officer, is sufficient to satisfy the execution, the officer shall levy first on the principal's property that can be found and then on as much of the property of the surety as is necessary to satisfy the execution. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
SUBCHAPTER B. RECOVERY OF SEIZED PROPERTY
§ 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 which execution is issued is reversed or set aside and the property has not been sold at execution. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. § 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 a writ issued by a court if the judgment on which execution is issued is reversed or set aside but the property has been sold at execution. (b) The amount of recovery is determined by the market value at the time of sale of the property sold. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
SUBCHAPTER C. SALE
§ 34.041. SALE AT PLACE OTHER THAN COURTHOUSE DOOR. If the public sale of land is required by law to be made at a place other than the courthouse door, sales under this chapter shall be made at the place designated by that law. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. § 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 offered for sale separately unless not susceptible to separate sale because of the character of improvements. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. § 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 title to the property may divide the property into lots of not less than 50 acres and designate the order in which those lots shall be sold. (b) The defendant must present to the executing officer: (1) a plat of the property as divided and as surveyed by the county surveyor of the county in which the property is located; and (2) field notes of each numbered lot with a certificate of the county surveyor certifying that the notes are correct. (c) The defendant must present the plat and field notes to the executing officer before the sale at a time that will not delay the sale as advertised. (d) When a sufficient number of the lots are sold to satisfy the amount of the execution, the officer shall stop the sale. (e) The defendant shall pay the expenses of the survey and the sale, and those expenses do not constitute an additional cost in the case. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. § 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 Leg., ch. 959, § 1, eff. Sept. 1, 1985. § 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 unless the purchaser exhibits to the officer an unexpired written statement issued to the person in the manner prescribed by Section 34.015, Tax Code, showing that the county assessor-collector of the county in which the sale is conducted has determined that: (1) there are no delinquent ad valorem taxes owed by the person to that county; and (2) for each school district or municipality having territory in the county there are no known or reported delinquent ad valorem taxes owed by the person to that school district or municipality. (b) An individual may not bid on or purchase the property in the name of any other individual. An officer conducting a sale under this subchapter may not execute a deed in the name of or deliver a deed to any person other than the person who was the successful bidder. (c) The deed executed by the officer conducting the sale must name the successful bidder as the grantee and recite that the successful bidder exhibited to that officer an unexpired written statement issued to the person in the manner prescribed by Section 34.015, Tax Code, showing that the county assessor-collector of the county in which the sale was conducted determined that: (1) there are no delinquent ad valorem taxes owed by the person to that county; and (2) for each school district or municipality having territory in the county there are no known or reported delinquent ad valorem taxes owed by the person to that school district or municipality. (d) If a deed contains the recital required by Subsection (c), it is conclusively presumed that this section was complied with. (e) A person who knowingly violates this section commits an offense. An offense under this subsection is a Class B misdemeanor. (f) To the extent of a conflict between this section and any other law, this section controls. (g) This section applies only to a sale of real property under this subchapter that is conducted in: (1) a county with a population of 250,000 or more; or (2) a county with a population of less than 250,000 in which the commissioners court by order has adopted the provisions of this section. Added by Acts 2003, 78th Leg., ch. 1010, § 1, eff. Sept. 1, 2003. Amended by Acts 2005, 79th Leg., ch. 86, § 1, eff. May 17, 2005. § 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 the right, title, interest, and claim that the defendant in execution had in the property sold. (b) If the purchaser complies with the terms of the sale but dies before the conveyance is executed, the officer shall execute the conveyance to the purchaser, and the conveyance has the same effect as if it had been executed in the purchaser's lifetime. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. § 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 purchaser without notice had the sale been made voluntarily and in person by the defendant. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. § 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 the proceeds of a sale of personal property an amount equal to the reasonable expenses incurred by him in making the levy and keeping the property. (c) If more money is received from the sale of property than is sufficient to satisfy the executions held by the officer, the officer shall immediately pay the surplus to the defendant or the defendant's agent or attorney. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. § 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. 959, § 1, eff. Sept. 1, 1985.
SUBCHAPTER D. DUTIES AND LIABILITIES OF EXECUTING OFFICER
§ 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 injury or loss to an interested party results from the negligence of the officer, the officer and his sureties are liable for the value of the property lost or the amount of the injury sustained, plus 10 percent of that value or amount. The total amount is recoverable on motion of the injured party filed with the court that issued the writ, following three days' notice. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. § 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 authorized to discharge the duties of the office shall proceed in the same manner as the receiving officer was required to proceed. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. § 34.063. IMPROPER ENDORSEMENT OF WRIT. If an officer receives more than one writ of execution on the same day against the same person and fails to number them as received or if an officer falsely endorses a writ of execution, the officer and his sureties are liable to the plaintiff in execution for damages suffered by the plaintiff because of the failure or false endorsement, plus 20 percent of the amount of the execution. The total amount is recoverable on motion of the plaintiff filed with the court that issued the writ, following three days' notice. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. § 34.064. IMPROPER RETURN OF WRIT. If an officer neglects or refuses to return a writ of execution as required by law or makes a false return on a writ of execution, the officer and his sureties are liable to the person entitled to receive the money collected on the execution for the full amount of the debt, plus interest and costs. The total amount is recoverable on motion of the plaintiff filed with the court that issued the writ, following five days' notice. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. § 34.065. FAILURE TO LEVY OR SELL. If an officer fails or refuses to levy on or sell property subject to execution and the levy or sale could have taken place, the officer and his sureties are liable to the party entitled to receive the money collected on execution for the full amount of the debt, plus interest and costs. The total amount is recoverable on motion of the party filed with the court that issued the writ, following five days' notice to the officer and his sureties. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. § 34.066. IMPROPER SALE. If an officer sells property without giving notice as required by the Texas Rules of Civil Procedure or sells property in a manner other than that prescribed by this chapter and the Texas Rules of Civil Procedure, the officer forfeits and shall pay to the injured party not less than $10 nor more than $200, in addition to any other damages sustained by the party. The amount is recoverable on motion of the party, following five days' notice to the officer and his sureties. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. § 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 and his sureties are liable to the person for the amount collected and for damages at a rate of five percent a month on that amount, plus interest and costs. The total amount is recoverable on motion of the person entitled to the money filed with the court that issued the writ, following five days' notice to the officer and his sureties. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.

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