A Turnover for the Ex-husband
Turnovers in Texas can be special.
Judgments awarded in a divorce are very common. As you have probably guessed, we spend a significant amount of time representing people trying to collect a debt after they have such a judgment. As part of that process we use a device known as a turnover order of the debtors assets.
We were hired by a wife that obtained a judgment against her ex-husband as part of the divorce. A large, multiple six-figure judgment. In the time since the divorce the ex-husband had remarried a time or two and was now with a new wife. Along the way he had created a “family partnership” for the purposes of avoiding the judgment. He transferred all of his assets to the partnership. He owned 99% of the partnership and his kids owned 1% of the partnership.
We could tell this judge was a man of courage and so we gave him an opportunity to do the right thing and sought turnover of the partnership assets, 99% of which were owned by the deadbeat ex-husband. The judge agreed with us and ordered that the assets of the partnership be turned over to the sheriff for sale at a public auction.
Suddenly, we had the attention of the deadbeat ex-husband. We went to mediation and settled the case on terms that made the client very happy.
Turnover orders are not easy to obtain and take a fair amount of work, but when they are granted, it can completely change the complexion of the dispute.