Blog 9: The “Chose in” one Sale of a Judgment Debtor’s choses in action can come hard and fast by Andrew R. Korn, Esq. November 18, 2020 “A cause of action is a property right and can be subject to turnover under the statute.” [i] This applies to both contract and tort claims. [ii]   A recently filed motion explains how easily this can be accomplished in a turnover receivership. [iii] End notes [i]Charles v. Tamez, 878 S.W.2d 201, 205 (Tex. App.—Corpus Christi 1994, writ denied); See generally Unitrust, Inc. v. Jet Fleet Corp., 673 S.W.2d 619, 621 (Tex. App.—Dallas 1984, no writ) (“[I]t is well established that all or any part…

Blog 8: This lease of real estate is over! Receiver’s termination of leases can come hard and fast. by Andrew R. Korn, Esq. july 17, 2020 A Receiver taking over a debtor’s tenancy may realize that the lease can be immediately terminated, and that he has a claim for damages against the Landlord. One way this can occur is by the Landlord’s breach of the debtor’s right to quiet enjoyment.   Tenant’s Right of Quiet Enjoyment:  A covenant of quiet enjoyment “secures the tenant from any wrongful act by the lessor which impairs the character and value of the leased premises or otherwise interferes with the tenant’s quiet and peaceable…

Blog 7: The NADA is not nada. Evidence of the value of a motor vehicle is coming (fast and cheap). by Andrew R. Korn, Esq. july 6, 2020 Receiverships often require valuation of property. If you require evidence to prove the value of a motor vehicle, you can incur the cost of an expert witness to testify to the market value of the vehicle.* Or you can attempt to prove value through the testimony of the owner, but that is not as easy as it sounds.** An alternative method for proving the value of a motor vehicle is the National Automobile Dealers Association (NADA).   A trial judge will likely…

Blog 6: COVID-19 does not stop the rule of law. Writs of Execution without notice are still coming. by Andrew R. Korn, Esq. April 16, 2020 “The law’s behests must be obeyed, if civilized government is to endure.” McDowell v. Hightower, 111 Tex. 585, 242 S.W. 753 (1922) Receivers and other officers of the Court must continue to enforce judgments during the COVID-19 pandemic.   While debtors may be sheltering in place, officers charged with enforcing writs of execution and obeying receivership orders should still be coming for debtor property.   On March 26, 2020, the State of Texas Office of Court Administration published Attorneys and Staff under Stay-at Home…

Blog 5: Overlooked remedy. When someone is injured by a contempt, a civil suit for money damages (could be coming). by Andrew R. Korn, Esq. April 7, 2020 The Wrong. Violating a court order is a contempt, for which the violator can be fined and imprisoned. In re Daugherty, 2018 Tex. App. LEXIS 4447, at *12 (Tex. App.—Dallas June 19, 2018, orig. proceeding) (“A judge can impose a fine or imprisonment or both in a criminal contempt order.”); Ex parte Hayes, 2017 Tex. App. LEXIS 6276, at *6-7 (Tex. App.—Dallas July 7, 2017, orig. proceeding) (“A court may impose a fine, imprisonment, or both in a civil contempt order so…

Blog 4: Sanctions for violating a Receivership Order (can come hard and fast). by Andrew R. Korn, Esq. March 20, 2020 Introduction. When a judgment debtor disobeys a Receivership Order, the Receiver can ask the Judge to hold the judgment debtor in contempt. See Ex parte Dolenz, 893 S.W.2d 677, 682 (Tex. App.—Dallas 1995, orig. proceeding) (“[A] trial court may treat the failure to obey an order as a contempt of court.”); In re O’Keeffe, 2018 Tex. App. LEXIS 3595, at *2 (Tex. App.—Dallas May 21, 2018, orig. proceeding) (Citing Tex. Gov’t Code Ann. § 21.002) (“A court may punish for contempt.”). But a Receiver does not have to obtain…

Blog 3: Can the Court do that? by Andrew R. Korn, Esq. March 2, 2020 When I am in the field recovering assets to satisfy civil money judgments, Judgment Debtors frequently tell me (or tell the law enforcement officers assisting the Court): “you can’t do that.”   Why would someone, with no special skill, education, training, knowledge, or experience in the area of enforcing civil money judgments, think they know what can and can’t be done when an officer obeys the command of the court? Especially when many times that person has: • not even read the order or writ providing the legal basis for what is happening;   •…

Blog 2: Writ of Execution without notice (is coming) by Andrew R. Korn, Esq. february 21, 2020   A civil money judgment is enforced by a writ of execution.  See Rollins v. Am. Express Travel Related Servs. Co., 219 S.W.3d 1, 3 n.1 (Tex. App.—Houston [1st Dist.] 2006, no pet.) (“A ‘writ of execution’ is sought by a judgment creditor to enforce judgments.”); Mitchell v. Sizemore, 536 Fed. Appx. 443, 444 (5th Cir. 2013) (“Federal Rule of Civil Procedure 69(a)(1) provides that ‘[a] money judgment is enforced by a writ of execution, unless the court directs otherwise.’”).   A writ of execution directs a court’s enforcement officers to seize a…

Blog 1: Turnover Receivership without Notice (is coming) by Andrew R. Korn, Esq. february 7, 2020 Traditional requirements for appointment of a receiver are not applicable in post-judgment turnover proceedings. See Stanley v. Reef Secs., Inc., 314 S.W.3d 659, 670 (Tex. App.—Dallas 2010, no pet.).   While Texas courts have been reluctant to grant ex parte receiverships under the common law or other statutes, ex parte motions for turnover receiverships are permitted as regular proceedings. This has been well known for over 37 years. See Judge David Hittner, Texas Post-Judgment Turnover and Receivership Statutes, 45 Tex. B.J. 417 (1982):   B. With regard to entry of a turnover order:  …