Current as of April 14, 2021 | Updated by FindLaw Staff
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(a) If an officer receives more than one writ of execution on the same day against the same person and fails to number them as received or if an officer falsely endorses a writ of execution, the officer and the officer's sureties are liable to the plaintiff in execution only for actual damages suffered by the plaintiff because of the failure or false endorsement.
(b) The plaintiff in execution has the burden to prove:
(1) the officer failed to properly number or endorse the writ of execution;
(2) the officer's failure precluded the levy of executable property owned by the judgment debtor;
(3) the executable property owned by the judgment debtor was not exempt from execution or levy; and
(4) the plaintiff in execution suffered actual damages.
Cite this article: FindLaw.com - Texas Civil Practice and Remedies Code - CIV PRAC & REM § 34.063. Improper Endorsement of Writ - last updated April 14, 2021 | https://codes.findlaw.com/tx/civil-practice-and-remedies-code/civ-prac-rem-sect-34-063/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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