Wilson Whitaker Rynell

Experienced Lawyers

info@wwrlegal.com

a blue and orange check mark with the letter w on it as the Wilson Whitaker Rynell Logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
a blue and orange check mark with the letter w on it as the Wilson Whitaker Rynell Logo

Deposing a Company vs. Deposing an Employee in Texas

Chelsea Lankford • August 28, 2024

Deposing a Company vs. Deposing an Employee in Texas

In litigation, depositions are a crucial tool for gathering information, clarifying facts, and obtaining testimonies that can influence the outcome of a case. When dealing with corporate entities, the deposition process can vary significantly depending on whether the deposition involves the company itself or an individual employee, either current or former. 


Deposing a Company (Corporate Deposition)


A corporate deposition, commonly referred to as a Rule 199.2(b)(1) deposition under the Texas Rules of Civil Procedure, involves the deposition of a company as an entity. In this type of deposition, the company is required to designate one or more representatives to testify on its behalf regarding specific topics identified by the opposing party.


Key Aspects:

  • Designation of Representatives:

The company must appoint at least one individual who is knowledgeable about the topics mentioned in the deposition notice. These representatives don’t need to have firsthand knowledge of the events but should be able to testify on behalf of the company after reviewing the relevant information.

  • Preparation:

The designated representatives must be adequately prepared to answer questions on the specified topics. This may involve reviewing documents, consulting with other employees, or gathering information from various departments within the company. The company's preparation is crucial because the testimony given is considered the company's official stance.

  • Scope of Testimony:

The testimony provided during a corporate deposition reflects the company’s knowledge and position as a whole. This means the company is bound by the testimony, and it cannot later claim ignorance of the facts discussed during the deposition.

  • Legal Implications:

If a designated representative is unprepared or provides inaccurate information, the company may face legal repercussions, including sanctions. The opposing party may also use the testimony to establish binding admissions against the company.


What is a Corporate Representative Deposition Under Texas Rule of Civil Procedure 199.5(b)(1) and Federal Rule of Civil Procedure 30(b)(6)?


A corporate representative deposition is a specific type of legal proceeding where a company, rather than an individual, is called to testify. Under Texas Rule of Civil Procedure 199.5(b)(1) and Federal Rule of Civil Procedure 30(b)(6), this means that the company must designate one or more people to speak on its behalf about certain topics that are relevant to the case.


Here's how a Corporate Rep deposition works:


  • When a company is involved in a lawsuit, the opposing party might need information that only the company can provide. Instead of questioning every employee, they can ask the company to choose someone (or several people) who knows the most about specific issues in the case. This person is called a "corporate representative."
  • The company must prepare this representative to answer questions on the designated topics. The representative’s testimony is considered the company’s official response. In other words, whatever the representative says is treated as if the company itself is speaking.
  • The idea is to make the discovery process—where both sides gather evidence before trial—more efficient and fair. The opposing party can get the information they need without going through the hassle of questioning multiple employees.


Whether the case is in a Texas court or federal court, the party requesting the deposition must clearly list the topics they want to cover. This means they need to provide enough detail so that the company knows which person or people should speak on those topics and can prepare them properly. The notice is crucial because it defines what will be discussed during the deposition.


The company's attorney should review the list of topics and clarify any that are unclear or confusing. If necessary, they should object to prevent any issues during the deposition or trial. The company must then choose one or more representatives who can testify on its behalf. These representatives should be well-prepared and knowledgeable about the topics based on information the company has or can reasonably get.

Deposing a Current Employee

Deposing a current employee of a company involves taking the testimony of an individual who is still employed by the company. This deposition is distinct from a corporate deposition, as the employee's testimony reflects their personal knowledge and experiences rather than the company's official position.


Key Aspects:

  • Individual Knowledge:

The testimony of a current employee is based on their personal involvement, knowledge, and recollection of the events in question. Because of this, the employee is not required to represent the company’s overall stance or be prepared on every aspect of the case, which would be necessary in a corporate deposition.

  • Relationship to the Company:

There is a possibility that because the employee still works for the company, they might feel some pressure to match their testimony with the company’s interests in the lawsuit. However, their statements do not legally bind the company unless they relate directly to the employee’s job duties and responsibilities.

  • Limitations:

Due to the scope of the employee's testimony being limited to what they personally know or have experienced, they cannot be compelled to testify about matters beyond their knowledge or outside their job responsibilities.

  • Legal Considerations:

The testimony of a current employee can still be impactful, particularly if it contradicts the company's position or reveals internal inconsistencies. However, it is not as binding on the company as a corporate deposition would be.


Deposing an employee who is still working for the company and is loyal to it, especially in a breach of contract case involving internal organizational issues, requires careful preparation and consideration of the unique dynamics at play. The company’s legal team needs to be vigilant in preparing the employee while being mindful of the potential for bias, conflicts of interest, and the impact on the employee’s ongoing relationship with the company.

Deposing a Former Employee

Deposing a former employee of a company presents unique challenges. Unlike current employees, former employees no longer have a direct relationship with the company, which can influence the nature of their testimony.


Key Aspects:

  • Independence:

A former employee may feel more independent and less obligated to remain loyal to the company, potentially leading to more candid or unfavorable testimony. However, this independence also means that the company has less control over the former employee's statements.

  • Scope of Testimony:

Similar to a current employee, a former employee's testimony is based on their personal knowledge and experiences. They cannot speak on behalf of the company or provide testimony that extends beyond their time of employment.

  • Access to Information:

A limiting factor in deposing a former employee is they may no longer have access to company documents, records, or other resources that could aid in their testimony.

  • Legal Implications:

The testimony of a former employee can be critical, especially if it exposes misconduct, internal issues, or discrepancies with the company's current stance. However, since they are no longer affiliated with the company, their statements are not binding on the company in the same way that a corporate deposition would be.


For example, deposing a former employee who is the plaintiff in a breach of contract case introduces different challenges than deposing a current employee. The former employee’s potential lack of loyalty and willingness to disclose sensitive information about the company’s internal issues requires careful consideration and strategic planning by the company’s legal team. The company must be prepared for a broader and potentially more adversarial deposition, with an emphasis on mitigating any damaging testimony that could arise. The former employee’s testimony could still have significant repercussions for the company, particularly if they reveal previously unknown or sensitive information.

Additional Deposition & Discovery FAQs

  • What are the requirements of a subpoena in Texas?

    In Texas, every subpoena must meet specific requirements: (1) it must be issued in the name of the State of Texas; (2) include the style of the suit and its cause number; (3) state the court where the suit is pending; (4) list the date of issuance; (5) identify the person being subpoenaed; (6) detail the time, place, and nature of the required action; (7) identify who requested the subpoena and their attorney; (8) include the text of the rule regarding contempt; and (9) be signed by the issuing authority (TRCP 176.1).


    Only certain individuals can issue a Texas subpoena: (1) an attorney licensed to practice in Texas; (2) a Texas court clerk; or (3) an officer authorized to take depositions in Texas (TRCP 176.4).


  • Do I need to have a pending proceeding in a Texas court to serve a subpoena?

    While it’s not mandatory, it's often a good idea to open an ancillary proceeding before serving a subpoena. Doing so ensures you have a court in place to handle any objections to the subpoena, resolve disputes that may come up during a deposition, and hear motions to compel compliance. This step can help secure smoother proceedings and ensure compliance with the discovery process.

  • What are the notice requirements for a non-party subpoena?

    Notice requirements in Texas vary based on the type of discovery you're pursuing. For an oral deposition, with or without a request for documents, notice must be served a 'reasonable time' before the deposition (TRCP 199.2(a)). The accompanying subpoena can be served at the same time or after the notice is served (TRCP 205.2).


    For a deposition on written questions, with or without a request for documents, notice must be served at least 20 days before the deposition (TRCP 200.1(a)). Again, the subpoena can be served at the same time or after the notice (TRCP 205.2).


    When requesting documents without a deposition, notice must be served a 'reasonable time' before the compliance deadline (TRCP 205.3(a)). In this case, the subpoena must be served 10 days after the notice (TRCP 205.2).


  • Must a subpoena be hand-delivered to the recipient?

    Under Texas law, a subpoena can be served anywhere in the state by a sheriff, constable, or any person who is not a party to the case and is at least 18 years old. To properly serve the subpoena, a copy must be delivered to the witness, along with any required fees (TRCP 176.5).

  • Are there fees associated with a subpoena?

    In certain situations, specific fees must be provided when serving a discovery subpoena in Texas. For example, if a non-party is required to attend a deposition, they are entitled to a one-day witness fee of $10 at the time the subpoena is served (CPRC § 20.004). Similarly, if a discovery subpoena requests documents from a custodian of records, the custodian is entitled to a $1.00 fee for the production and certification of those documents, which must also be paid when the subpoena is served (CPRC § 20.004).


    If these required fees are not included, the subpoena is considered legally defective.


  • How can I enforce the discovery subpoena?

    If a non-party fails to comply with a valid and enforceable subpoena without a sufficient excuse, a Texas court can hold them in contempt and impose penalties, including fines or imprisonment (TRCP 176.8). The court can also compel the non-party to respond to the discovery subpoena.


    In the case of Warford v. Childers, the Seventh Court of Appeals ruled that it had jurisdiction to review a trial court’s denial of a party’s motion to compel. The Court of Appeals determined that in an ancillary proceeding like this, the order related to discovery was considered a final judgment. Typically, such an order would be interlocutory if the entire case were being tried in Texas (Warford v. Childers, 642 S.W.2d 63, 66, Tex. App. – Amarillo 1982, no writ).


  • How to challenge a foreign court’s commission in a Texas court?

    The Fourteenth Court of Appeals has noted that Texas courts lack jurisdiction to assess whether a commission from another state is defective. This limitation is especially relevant when a party argues that a Texas court should refuse a foreign court’s commission due to insufficient analysis of relevance and materiality by the foreign court (Centennial Psychiatric Associates, LLC v. Cantrell, No. 14-17-00380-CV, 2017 WL 6544283, at *7, Tex. App. – Houston [14th Dist.] Dec. 21, 2017, no pet.).


    In an earlier decision, the Fourteenth Court of Appeals ruled that Texas courts 'do not have the authority to quash or limit depositions based on a belief that the discovery is irrelevant' (In Matter of Issuance of Subpoenas Depositions of Bennett, 502 S.W. 3d 373, 378, Tex. App. – Houston [14th Dist.] 2016, no pet.). If an out-of-state party seeks relief regarding the relevancy of the deposition, they should pursue that relief in the jurisdiction where the case is pending.


  • Types of discovery requests allowed to be served on non-parties?

    In Texas, Rule of Civil Procedure 201.2 lets a party involved in an out-of-state legal case compel discovery from a Texas resident. This can be done through either an oral deposition or a deposition on written questions, and both methods may include requests for documents. Additionally, Texas courts permit out-of-state parties to compel discovery through a stand-alone document request.

  • Do you need to seek out-of-state court approval before serving discovery on a Texas non-party?

    In Texas, if you’re seeking discovery from a Texas resident for an out-of-state case, you must first obtain a 'mandate, writ, or commission' from the out-of-state court specifying the required discovery (TRCP 201.2; CPRC § 20.002). 


    Once you have that, a Texas court may compel the witness to appear and testify. However, it's important to note that at least one Texas Court of Appeals has clarified that Rule 201.2 'does not mandate that Texas courts do so.' This was highlighted in the case of In re Seavall (No. 03-13-00205-CV, 2013 WL 3013872, at *2, Tex. App. – Austin June 11, 2013, no pet.)

  • Do I need a subpoena in order to serve discovery on a non-party?

    In Texas, a subpoena is the tool used to compel a non-party to comply with discovery requests. However, it's important to know that a Texas court will not enforce an out-of-state subpoena against a Texas resident.

Texas Litigation Attorneys Serving Dallas, Austin, Houston, and the DFW Metroplex.


If you need assistance in business or corporate litigation, including drafting or defending a subpoena, the litigation attorneys at Wilson Whitaker Rynell are here to assist you!


Contact us for a free initial consultation by calling 972-248-8080 or submitting a request via our Contact Form.

A person is holding a cell phone in front of a book titled artificial intelligence

Copyright and Translated Content: Who Owns the Creative Rights?

By John Wilson • February 19, 2025
Copyright and Translated Content: Who Owns the Creative Rights? Understanding Copyright Law and Translation Copyright law protects creative work and bestows sole authority over the work upon the creators. For example, the owner of the work of a novel has the right over the work under the concept of the right under the copyright. Courts have found that “the degree of protection afforded by the copyright is measured by what is actually copyrightable in the publication and not by the entire publication.” See, e.g., Dorsey v. Old Sur. Life Ins. Co., 98 F.2d 872, 873 (10th Cir. 1938) (emphasis added). For translations, the situation is not very clear. Translations involve creative judgments over word translation and not the translation of mere words. Hence the knowledge about the applicability of the concept of the right over the work is essential for establishing the right over the work. For example, a Court in the Northern District of California stated that: “ the determinative question is whether Plaintiff holds a valid copyright. ” Signo Trading Intern. Ltd. v. Gordon, 535 F. Supp. 362, 363 (N.D. Cal. 1981). The Signo Trading Court dismissed Plaintiff’s infringement claims because plaintiff did not have a valid copyright as a matter of law in the translations and transliterations at issue because they lacked the “requisite originality.” Id. at 365. Can Translation Be Considered a Creative Process? The Practice of Translating Translation goes beyond the replacement of one word by the equivalent word from the source text. Translating literary work, poetry, and fiction with deeper meanings beyond the surface text is a complex, artistic process. Translating books like The Iliad, for instance, requires the practice of artistic translation to translate the emotions, thoughts, and the culture correctly. Technical Translations and Legal Translations Conversely, technical writing and texts for the law need less creativity and instead value correctness over all else. These writing forms require strict adherence to the original sense, leaving very little room for artistic interpretation. Translations for these writing forms thus typically involve less creative contribution and less potential for the work being protected by copyright. Why Is Creativity Important for Translations for Copyright? Originality when translating For a work to be subject to copyright, some creativity, however slight, is essential. Even when the translation is taken from the work, the translation also includes some creative work by the translator. This creativity can make the translation subject to copyright. A derivative work must “recast, transform[], or adapt[]” a preexisting work and “consist[] of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship.” Id. In other words, it must change or alter the pre-existing work’s content and must itself be an original work of authorship. The Supreme Court stated that “ [t]he sine qua non of copyright is originality ” and that “ [t]o qualify for copyright protection, a work must be original to the author. ” Feist Publ’ns, Inc. v. Rural Tel. Serv. Co., Inc., 499 U.S. 340, 361 (1991) at 345. “Original, as the term is used in copyright, means only that the work was independently created by the author (as opposed to copied from other works), and that it possesses at least some minimal degree of creativity.” Id. (citing 1 M. Nimmer & D. Nimmer, Copyright §§ 2.01[A], [B] (1990)). In granting a Rule 12 motion to dismiss, the Signo Trading Court held that: " It is inconceivable that anyone could copyright a single word or a commonly used short phrase, in any language. It is also inconceivable that a valid copyright could be obtained for a phonetic spelling, using standard Roman letters, of such words or phrases. Although lists of words and translations of larger works may be copyrightable, Plaintiff cannot claim credit for any of the elements which make those things copyrightable. For these reasons, Plaintiff does not hold a valid copyright on the translations or transliterations ... " Signo Trading, 535 F. Supp. at 365. The Problem of the Derivative Work However, translations are generally "derivative works" - derived from the work of another. Because of this, the owner or author of the work is generally required to agree to the translation. Translations made illegally can be held under the classification of copyright violations, even when the translator has added creative elements. Who Has the Right over the Translated Work? Employer-Commissioned Translations Ownership of the copyright for the translation work varies. If the translation is commissioned by the owner of the original work, the owner will retain the right. Even when the translator adds creativity by passing over the original emotions and thoughts, the owner will not necessarily lose the right over the translation work. In some circumstances, the translation work can be accredited by the translator without them holding the right over the work. Independent Translations If a translation is performed independently by the translator, the translator can even be identified as the co-author of the translation. Nevertheless, the author typically has the underlying copyright, restricting the translator’s right over the work. Creative Translations from the Public Domain In certain cases, a translation may be creative enough to warrant its own copyright. For example, a translator adapting a classic work or a book in the public domain into modern language may introduce enough originality to qualify for copyright protection. However, direct, word-for-word translations are typically not considered original enough to receive new copyright protection. What About Machine Translations? The Human Creativity Copyright Requirement Machine-generated translations, including those produced by platforms like OpenAI , operate through advanced algorithms that replicate language patterns rather than capture the human touch. Unlike translations crafted by human translators who often infuse cultural insight and genuine emotion into the work, OpenAI's output is rooted in statistical patterns and data. Consequently, while these translations are impressively efficient and accurate, they typically fall short of the originality required for copyright protection. This distinction underscores the human creativity requirement needed to secure a valid copyright . Ultimately, although machine-generated translations serve as powerful tools, they do not offer the same legal and creative protections as those provided by human translators. The Bottom Line: Navigating Copyright in Translations Translations occupy the middle ground under the law of the copyright. Albeit the right of the original author generally has the right under the copyright, the right under the copyright can also be claimed by the translator provided the translation is creative enough. Central considerations here include the creativity the translator has added, the nature of the work being translated, and whether the work is under the public domain. These considerations establish the right of the owner under the copyright for the translation. Why Wilson Whitaker Rynell for Your Copyright Work? At Wilson Whitaker Rynell, our professional lawyers specialize in the practice of copyright law and copyright litigation , including the complex subject matter of translation work. We can provide you with advice about the ownership of your work under the provisions of the copyright, and protect your creative property. If you are the author, the publisher, or the translator, you can rely upon the advice from our firm. Copyright Translation FAQS
A building with a sign that says law offices on it

Business Litigation Attorneys – Protecting Your Business in High-Stakes Legal Disputes

By John Wilson • February 12, 2025
Strategic Legal Representation for Complex Business Litigation
A woman wearing black and yellow boxing gloves is standing in a gym.

Female Divorce Attorneys in the Dallas-Fort Worth Area

By Leigh Whitaker • January 28, 2025
Female Divorce Attorneys in the Dallas-Fort Worth Area In many instances, divorce cases are challenging and emotionally taxing experiences. For this reason, it’s common for people to prefer working with an attorney of the same gender because they feel as though the attorney can empathize and understand their situation more. At the end of the day, the gender of your attorney may not affect the outcome of your case, but it’s important to feel as comfortable as possible while navigating through the process. At Wilson Whitaker Rynell, our experienced female divorce attorneys offer compassionate and empathetic approaches while they develop a comprehensive legal strategy to represent you. Why Should You Choose a Female Divorce Lawyer? There are many reasons why hiring a female divorce attorney can help you throughout your divorce. For one, they often have experience working on issues that disproportionately affect women in divorce such as spousal support (alimony), child custody disputes, and asset division. Additionally, female divorce lawyers offer a unique level of empathy, understanding, and communication. As a result, many clients feel that they are more approachable and compassionate, which is beneficial when dealing with the emotional turmoil of the process. More importantly, female divorce attorneys are more familiar with how the court treats women in divorce cases and use this knowledge to strategically protect their clients’ interests, whether male or female. Why Our Female Divorce Attorneys May be Right for You At Wilson Whitaker Rynell, our female divorce attorneys are skilled, knowledgeable professionals, they also have many years of experience in handling complex divorce cases. Whether it’s issues surrounding custody of children, alimony, or asset division, our female divorce lawyers ensure each client receives high-quality legal advice. Our firm’s female divorce attorneys provide the highest level of personal attention, ensuring that each client’s unique needs and concerns are addressed through every step. Unique Challenges Women Face in Family Law Disputes in Texas Family law disputes can be emotionally charged and legally complex, especially for women navigating the process in Texas. Women often encounter unique challenges due to their roles in the marriage and family dynamic, particularly when it comes to child custody, child support, and the division of marital assets. Child Custody Challenges In many marriages, women take on the primary caregiving role for their children. However, when it comes to custody decisions, courts in Texas prioritize the best interests of the child over parental gender. While this often works in favor of mothers, women may still face hurdles in proving they are better suited to provide the stable environment the child needs, especially if their ex-spouse disputes custody. Factors such as work schedules, living arrangements, and financial stability can come under scrutiny. Child Support Issues While Texas law allows women to seek child support, collecting these payments can sometimes prove difficult. Women awarded child support may find themselves dealing with ex-spouses who delay payments, make partial payments, or refuse to pay altogether. Enforcing child support orders often requires legal intervention, which can add to the emotional and financial strain. Division of Marital Assets In Texas, a community property state, marital assets are typically divided equitably during divorce. Women who are awarded assets such as the family home may face challenges related to maintaining the property, refinancing a mortgage, or covering associated expenses. Additionally, women who sacrificed their careers to support their spouses or raise children may feel disadvantaged during the division of assets if their earning potential is limited compared to their ex-spouse. How Your Divorce Attorney Will Support You Each divorce case is unique, and having an experienced attorney standing by you is vital. Whether you’re dividing assets, negotiating child custody, or managing other complex legal issues, the female divorce attorneys at Wilson Whitaker Rynell are here to protect the interests of you and your family. Our attorneys will take the time to understand your unique circumstances and empower you to make informed decisions that support your career, family and future. When you choose a female divorce attorney from Wilson Whitaker Rynell, you can trust that they will: Prioritize your family’s best interests. Negotiate with integrity, ensuring fairness and transparency. Clearly explain all your options and their potential outcomes. Help you create the future you want by offering trusted legal advice. Use efficient methods to minimize unnecessary costs and keep the process manageable. Navigating family law disputes requires a thorough understanding of Texas family law and strong advocacy. Women facing divorce or other family law issues are encouraged to seek an experienced family law attorney who can provide personalized guidance. A skilled lawyer can help craft a strategy that protects their rights and ensures a fair resolution. This includes representing their interests in court, negotiating settlements, and helping enforce orders such as child support or spousal maintenance.
A man riding a horse with a bull behind him

Wrangling Writs of Execution in Texas

By John Wilson • January 23, 2025
Understanding Writs of Execution in Texas: A Layperson’s Guide If a court determines that someone owes money to another party, the debtor—referred to as the "judgment debtor"—typically has 30 days to pay off the debt. If the debt remains unpaid after this time, the creditor, or "judgment creditor," can take legal action to enforce the payment through a Writ of Execution . This legal process, governed by Texas law, enables creditors to collect what they are owed by seizing and selling the debtor’s non-exempt assets. What Is a Writ of Execution? Under Texas Rules of Civil Procedure 629 , a Writ of Execution is a court order that authorizes a sheriff or constable to seize the debtor’s property to satisfy the debt. This writ is an essential tool for creditors when voluntary repayment has not occurred. Once the writ is issued, it is handed over to a county constable or sheriff, who is required to act “without delay” in collecting the debtor’s real and personal property. The seized property is then sold, and the proceeds are used to pay off the debt. If multiple writs are filed against the same debtor, the assets are distributed in the order the writs were received. What Property Can Be Seized Under a Writ of Execution? Texas law is very specific about which types of property can and cannot be seized to satisfy a judgment. Exempt Property Certain assets are protected from seizure under Texas Property Code § 41.001. These include: The debtor’s homestead (primary residence) Wages earned from employment Professionally prescribed health aids Workers’ compensation benefits College savings plans Some insurance benefits Personal property valued up to $50,000 for individuals and $100,000 for families Unique to Texas, the law also protects items like family Bibles, two firearms, pets, and for rural residents, livestock (e.g., 12 head of cattle and 120 fowl). This extensive list reflects Texas's cultural heritage and values. Non-Exempt Property Assets that are generally not exempt include: Vacation homes Timeshares Pleasure boats Airplanes Jewelry exceeding certain value thresholds The specific procedures for seizing different types of property are detailed in Texas Rules of Civil Procedure 639 . Can a Writ of Execution Be Avoided? Judgment debtors have a few options to avoid the execution of a writ: Filing a Supersedeas Bond A supersedeas bond can temporarily halt enforcement of the writ. This bond, filed with the county clerk or justice of the peace, preserves the status quo while the debtor seeks further legal remedies. This option is governed by Texas Rules of Civil Procedure 634 . Challenging the Execution Debtors can file a claim for wrongful execution in situations such as: The debt has already been paid Exempt property is being seized The levy is excessive Additionally, courts take extra care to protect property classified as a homestead under Texas Property Code § 41.002(c) . When only one spouse is responsible for the debt, Texas Family Code § 3.202(a) and related provisions provide guidance on levying against community or separate property. The Role of County Officials in Executing the Writ Once the writ is issued, its enforcement falls on county officials, typically a sheriff or constable. These officials must act in accordance with Civ. Prac. & Rem. Code § 34.072 , which requires them to execute the writ and report back to the court. They must: Give proper notice of the sale of seized property Ensure the proceeds are appropriately delivered to the creditor Avoid overstepping legal boundaries, such as seizing exempt property Failing to execute the writ properly can result in serious consequences, where a sheriff’s refusal to levy on a property initially listed as exempt (but later deemed abandoned) led to court action and damages awarded to the creditor. Preventing Fraudulent Transfers One challenge creditors face is when debtors attempt to hide or transfer assets to avoid collection. To address this, Texas follows the Uniform Fraudulent Transfer Act under Tex. Bus. & Comm. Code § 24.001 et seq .. This act provides legal remedies to creditors when a debtor’s transfer of assets is deemed fraudulent. Effect of a Defendant's Death on Writs of Execution Under Civ. Prac. & Rem. Code § 34.072 , the death of a defendant after a writ of execution is issued halts execution proceedings. However, any lien acquired from the writ's levy is still enforceable by the county court when paying off the deceased's debts. Why Proper Execution Of The Writ Is Crucial The rules for filing and serving a Writ of Execution are strict and detailed. Missteps, such as filing the writ in the wrong county, failing to serve the proper parties, or missing key deadlines, can lead to delays or even render the writ ineffective. Both creditors and debtors must ensure compliance with these rules to avoid unnecessary complications. For creditors, failure to properly enforce the writ could mean losing the opportunity to collect on a judgment. For debtors, not responding appropriately to a writ could result in the loss of valuable assets, even those that might have been exempt.
A sign that says jct 17 texas on it

The Intersection of Venue Selection & Motions to Dismiss in Texas

By John Wilson • January 17, 2025
Understanding Venue Selection and Motions to Dismiss in Texas Civil Litigation
A man and a woman are holding a sign that says `` our first home ''.

Wraparound Mortgages in Texas - Seller Home Finance

By John Wilson • January 17, 2025
Wraparound Mortgages in Texas and The Pros and Cons of Seller Financing
A judge is writing on a piece of paper next to a gavel on a wooden table.

Appealing a JAMS Arbitration Judgement

By Chelsea Lankford • December 6, 2024
Appeals Through JAMS Arbitration: A Structured Approach to Review 
A woman in a black hoodie is making a stop sign with her hand.

Texas Court is Halting the Corporate Transparency Act

By Kayla Holderman • December 6, 2024
How One Texas Court is Halting the Corporate Transparency Act
A red balloon is sticking out of a window of a blue wooden building.

How to Revive Abandoned Trademarks

By Chelsea Lankford • November 15, 2024
How to Revive an Abandoned Trademark Application with the USPTO
Show More
The Wilson Legal Group are Dallas attorneys that specializes in Patents, Trademarks, Copyrights, Trade Secrets, Complex Litigation, Business/Corporate Law, Family Law and Real Estate Law. At the Wilson Legal Group, our clients are our focus. Our philosophy is simple and straight-forward: Understand our clients' needs, hopes, and interests in order to help them flourish. Our staff strives to build strong relationships with our clients in order to appreciate their best interests and help them achieve their goals.

Request A Blog?

Have an idea for a blog?  Click and request a blog and we will let you know when we post it!

Share by: