Texas Civil Practice and Remedies Code

§ 34.065 — FAILURE TO LEVY OR SELL

CP § 34.065Title 2. TRIAL, JUDGMENT, AND APPEAL · Part C. JUDGMENTS · Ch. 34. EXECUTION ON JUDGMENTS · Art. D. DUTIES AND LIABILITIES OF EXECUTING OFFICER

Statute text

View on source

(a)If an officer fails or refuses to levy on or sell property subject to execution and the levy or sale could have taken place, the officer and the officer's sureties are liable to the party entitled to receive the money collected on execution only for actual damages suffered.

(b)The judgment creditor seeking relief under this section has the burden to prove:

(1)the judgment creditor has a valid judgment against the judgment debtor;

(2)the writ of execution was issued to the judgment creditor;

(3)the writ was delivered to the officer;

(4)the judgment creditor's judgment was unpaid and unsatisfied;

…

Legislative history

Acts 2007, 80th Leg., R.S., Ch. 421 (S.B. 1269), Sec. 4, eff. September 1, 2007.