How Does a Plaintiff Obtain a Receiver?

If a court issued a final judgment in your favor as a plaintiff and the judgment is not paid, your lawyer (not Mr. Volberding) can file a motion for appointment of a receiver to collect the judgment. If you retain Volberding Law Firm to serve as the Receiver, we draft the motion and proposed order for your lawyer to file. Getting assistance with the motion and proposed order is important, because the documents must contain certain required information and language.

If the court grants the motion, the court will sign an order appointing a Receiver and authorizing the Receiver to seize the judgment debtor’s accounts and assets.

It then becomes the Receiver’s responsibility to collect the judgment. Texas law affords robust tools for seizing a judgment debtor’s non-exempt assets by a Receiver, including:

  • Intercepting the debtor’s snail mail
  • Seizing accounts directly from banks
  • Seizing investment accounts
  • Seizing and selling non-exempt real estate such as rental property or office buildings
  • Intercepting non-exempt payments to the debtor, such as customer payments
  • Seizing company assets and subsidiaries