Texas Turnover Order: How It Works in Small Claims Court

When You Need a Turnover Order

A turnover order is the enforcement tool you reach for when a debtor has assets that a writ of execution or writ of garnishment can't easily attach. Under Texas Civil Practice and Remedies Code § 31.002, a court can order the debtor to surrender nonexempt property that is not readily subject to ordinary execution.

Common targets include: accounts receivable the debtor is owed by third parties, stock certificates and investment accounts, digital assets, business income distributions, and cash holdings that aren't in a bank account subject to garnishment.

If post-judgment discovery reveals assets the debtor controls but that a constable can't physically seize, a turnover order is likely the right move.

Filing the Motion

File a Motion for Turnover Order with the Justice Court that entered your judgment. The motion should identify the specific nonexempt assets you're targeting and explain why ordinary execution tools won't reach them.

You'll need to serve the motion on the debtor and attend a hearing. The judge evaluates whether the assets are nonexempt and whether they're genuinely outside the reach of standard writs.

Filing fees follow the local Justice Court schedule. Unlike a writ of execution (which is a routine clerk-issued document), a turnover order requires judicial action — the judge must review and sign the order.

What the Court Can Order

Under § 31.002, the court has broad authority:

• Order the debtor to turn over specific nonexempt property directly
• Appoint a post-judgment receiver with authority to locate, take possession of, and liquidate nonexempt assets
• Direct third parties to surrender assets they hold on the debtor's behalf

A receiver is particularly useful when the debtor is uncooperative. The receiver acts as an officer of the court with authority to take control of identified assets, sell them, and apply proceeds to the judgment.

Mandatory Forms and Notice Requirements

Justice Courts must use the Supreme Court-approved Form Order Appointing Receiver under TRCP Rules 679a and 679b. These rules were adopted specifically to create uniform procedures and protect debtor exemption rights.

Within three business days after the receiver or creditor first has notice that the debtor's personal property has been frozen or seized, the receiver or creditor must serve the debtor with three documents:

1. Notice of Protected Property Rights
2. Instructions for the Protected Property Claim Form
3. Protected Property Claim Form

After serving these documents, the receiver must wait 14 days (17 days if served by mail) before selling property or disbursing funds to the creditor. This mandatory suspension period gives the debtor time to claim exemptions.

Receiver Fees

Receiver fees are subject to court approval and must be reasonable. The judge reviews the receiver's fee request based on the complexity of the work involved. Receiver fees reduce the net recovery for the creditor, so they make the most sense for larger judgment amounts or when the debtor has substantial identifiable assets.

For smaller judgments, weigh whether the receiver's fee will consume too much of the recovery. A $2,000 judgment may not justify receiver costs that could run several hundred dollars or more.

Debtor Exemption Claims

If the debtor believes the targeted property is exempt under Texas Property Code Chapter 42, they can file a Protected Property Claim Form. Filing the claim immediately stops the receiver from selling or distributing anything until the court rules.

The court must decide the exemption claim within 10 days. If the property is found exempt, the court orders its immediate release within three business days.

The Texas judgment collection guide explains when a turnover order makes sense relative to other enforcement tools and walks through the full process from motion to disbursement.

See more Texas guides →