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DC-17-00183
Plaintiff, g
vs. g
116m JUDICIAL DISTRICT
Defendant.
W g
Findings: Applicant has good faith reasons to believe that respondent owns
POST—JUDGMENT TURNOVER
collection. The appointment of a Receiver t0 locate, marshal, and administer assets is
justified because the Court believes that non-exempt assets exist, which Judgment
means.
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.uuln en o .
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. e o 1n
performan ‘
of specific duties which a sitting court cannot undertake, like serving
writs, levying n property, traveling throughout the state t0 locate and inspect
assets throughout the tate, delivering the propexty to sales lots, and advertising for
and locating prospective uyers, among other tasks. A master will conserve the
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resources of the Court 0n post dgment matters, including locating and liquidating
property. Since the Court cannot or r a witness to travel more than 150 miles, a
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to travel to interview wit
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attorheys’ fees, and will protect the economic int ests of both the debtor and
creditor.
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of .~ v: ;.-
- 'ens against
records that determine the ownershi
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. a
,
POST—JUDGMENT TURNOVER
A master is able to immediately issue orders, rather than incurring the dela
required for the opportunity t0 be heard in open court. Otherwi , property,
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evidence, and witnesses can easily disappear before a he g can be held. Plaintiff
powers allowed by the rules. ls is an exceptional case due to its complexity and
er. The master should be familiar with post judgment enforcement and is.
$25,000.00 for
for Plaintiff’s attorney’s fees for representation through trial; (iii)
post-judgment interest at
appeal; and (V) pre-judgment interest of $103,542.61 and
costs 0f court.
aflowefbyfiaw.
defendant,
1. Person placed under Receivership. The following is defined as a
respondent, debtor or Judgment Debtor, under this order:
preparing and signing all documents needed to recover, seize, and sell
property. Any failure of this order to maintain parallel sentence structure is
to be ignored and the order given its plain meaning so as to make the order
enforceable. The Receiver and—Mastez—fiea agent; of this Court andam to be
treated with the same courtesy accorded to th'e Court
Powers. The Receiver has full power and authority to take possession of all
non-exempt propeny of the Judgment Debtors that is in Judgment Debtors
actual or constructive possession or control.
POST—JUDGMENT TURNOVER
Debtor exemption claimed, the legal and factual grounds for the
states the
sheriff, deputy sheriff, and every other peace officer with notice of this order
If the Receiver/Master pays the officer’s fee, the officer shall accompany the
Receiver/master when the writ is served and executed.
gain access to real property, leased premises, storage facilities, mail, and
7. Third party liability. The Receiver, and all persons acting under the direction
0f the Receiver, are immune from liability for all actions taken by them, to
the extent that such actions are permitted by this order.
A11 third parties are ordered to immediately notify the Receiver if they
discover the existence of property, or of facts which might lead to the
discovery of property in which any defendant has any interest.
Judgment Debtor’s non- exempt property. Once third panics receive notice
of this order, they may be subject to liability if they release property to
Judgment Debtors, without the Receiver’s prior wn'tten consent.
hearings;
into storage;
d. Hire realtors and sign earnest money contracts, with the sales to be
witness; 4
j. The Receiver may collect all accounts receivable, and rental or lease
payments, presently due, 0r due in the future.
k. File interim and final reports, which become final unless objected to
b. Only the Receiver maV change keys and codes. No key, password,
.PIN, etc., may be changed without the Receiver’s pfior written
consent.
12. Duty to maintain. The Receiver has n0 duty to maintain, guard, or insure
13. Receiver’s fees. Receiver himself fees not less than 25 percent of
may pay
all proceeds coming into his possession (before deducting out of pocket
income, before the change becomes effective, and not more than ten days
after, if the Judgment Debtor had n0 advance notice. This
includes
17. Tax returns, W-2’s, 1099’s and refunds. Judgment Debtor is are ordered to
deliver t0 the Receiverlmasfcr, within ten days, copies 0f all tax returns, W-2
and 1099 statements, and similar records. Every defendant is ordered to
POST-JUDGMENT TURNOVER
immediately turnover to the Receiver all tax refunds, as well as any refund
or credit from any other entity, and to sign all documents needed to
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banks, stockbrokers and finanCial institutions, within ten days of the
Judgment Debtor’s notice of the change.
22. Duties if anyone resists the Receiver/master’s orders, based on the advice of
third parties. witness or person resisting an order or request of the
Any
Receiver opmasfer, based On legal or other advice, is ordered to give the full
name, address, fax number, e-mail address, cell phone number, and direct
telephone number for each person giving that advice and to instruct each
person t0 immediately contact the Receiver.
23. Judgment Debtor May Not Spend Non-Exempt Funds Without The
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24. Writs. Writs of turnover, issued pursuant to this order, shall not be limited in
time 0r have an expiration date. Those serving the writs shall return them to
the Receiver, not the clerk, unless otherwise instructed. More than one writ
26. Duty to maintain. The Receiver has no duty t0 maintain, guard, or insure
propefiy taken into custodia legis, or to maintain or pay any lease, nor shall
Receiver be required t0 pay any mortgage, lien or assessment, defend against
any lawsuit, pay any tax or fee, maintain any insurance coverage or have
any obligation except as specifically ordered.
28. Shortened time limits maV be set. The Receiver may require answers to
29. Unclaimed funds. The Receiver may collect all unclaimed funds.
30. Air miles and reward program benefits. The Receiver may collect, sell, or
assign the Judgment Debtor’s rights to all air miles and rewards programs.
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