The following are general answers to frequently asked questions. Please note that the facts and circumstances of your specific situation may lead to different answers than the general responses provided below. The Receiver and this company are not representing you, and the information contained in this website should not be considered as legal advice for your particular legal matter.
Why has my bank account been frozen?
Most turnover receivership orders require that all nonexempt assets, including bank funds, be handed over to the Receiver in order to satisfy the Judgment and Receivership. When a bank receives a Receivership Order, it reviews its accounts and freezes any accounts that it believes are owed by or belong to the defendant.
What is a Receivership?
A “receivership” is a legal remedy provided by the Texas Turnover Statute (CPRC 31.002) where a defendant’s nonexempt assets are placed under the legal custody of the Court to fulfill a judgment.
Who is a Receiver?
A Receiver is an impartial officer of the Court appointed by the Judge through a Receivership Order. Their role is to locate and liquidate nonexempt assets to satisfy a Judgment. It’s important to note that the Receiver, despite being an attorney, does not represent either the plaintiffs or defendants in the case.
How can I resolve this Receivership?
At Jenkins Law Firm, our objective is to achieve a prompt resolution that addresses the Judgment and concludes the receivership in the best interest of all parties involved. To initiate the resolution process, please get in touch with our office and provide your proposal.
Do I need to hire a lawyer?
We always encourage defendants to seek legal advice and explore all available options.
Can the Receiver act as my lawyer?
No, the Receiver is a full-time Court Receiver and does not provide legal services to clients. If you are reading this, he is most likely the court-appointed receiver in your case, which means he is an independent officer of the Court and cannot offer legal services to the plaintiff, defendant, or their attorneys.
Can I visit your office to discuss this matter?
To expedite prompt resolutions, these matters are typically resolved through phone calls and/or email, followed by a signed written agreement that will be submitted to the Judge. While our office is not open to the public, you can contact the Court to schedule a meeting with the Receiver in the courtroom.
Why is there a Judgment against me when I never had an account with the Plaintiff?
If you do not recognize the plaintiff’s name on the Judgment against you, it is possible that the debt or Judgment arising from the debt was transferred to another entity, which now appears as the plaintiff.
Why is this happening now when I owed the debt many years ago?
In general, in Texas, a creditor has a four-year window to file a lawsuit on a debt. Once a judgment is obtained on the debt, it remains valid for 10 years and can be renewed for additional 10-year periods.
Should I contact the Plaintiff to work this out?
Once a Judgment is in receivership, all defendants’ nonexempt property is held by the Court in custodia legis (the custody of the law). The Receiver acts as the Court’s agent during the Receivership and is responsible for finding a resolution to the receivership.
Have a question we can answer for you? Please contact us by phone at 214.220.2022 or via email using the form below.