Texas Business & Commerce Code

§ 17.59 — POST JUDGMENT RELIEF

BC § 17.59Title 2. COMPETITION AND TRADE PRACTICES · Ch. 17. DECEPTIVE TRADE PRACTICES · Art. E. DECEPTIVE TRADE PRACTICES AND CONSUMER PROTECTION

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(a)If a money judgment entered under this subchapter is unsatisfied 30 days after it becomes final and if the prevailing party has made a good faith attempt to obtain satisfaction of the judgment, the following presumptions exist with respect to the party against whom the judgment was entered:

(1)that the defendant is insolvent or in danger of becoming insolvent; and

(2)that the defendant's property is in danger of being lost, removed, or otherwise exempted from collection on the judgment; and

(3)that the prevailing party will be materially injured unless a receiver is appointed over the defendant's business; and

(4)that there is no adequate remedy other than receivership available to the prevailing party.

(b)Subject to the provisions of Subsection (a) of this section, a prevailing party may move that the defendant show cause why a receiver should not be appointed. Upon adequate notice and hearing, the court shall appoint a receiver over the defendant's business unless the defendant proves that all of the presumptions set forth in Subsection (a) of this section are not applicable.

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Legislative history

Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May 21, 1973. Amended by Acts 1977, 65th Leg., p. 604, ch. 216, Sec. 9, eff. May 23, 1977.