Tex. Civ. Prac. & Rem. Code § 34.063 · Subchapter D. DUTIES AND LIABILITIES OF EXECUTING OFFICER
IMPROPER ENDORSEMENT OF WRIT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 421 (S.B. 1269), Sec. 4, eff. September 1, 2007.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CP/htm/CP.34.htm
- Text hash
- sha256 f98463059ed35b3f18afe4ef0b87d330702f877f9faae114032bb9144167902f
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 3 provisions
Provisions in this library whose text cites Tex. Civ. Prac. & Rem. Code § 34.063. Each shows the citation as that text prints it.
Civil Practice and Remedies Code
- Tex. Civ. Prac. & Rem. Code § 34.068RULES GOVERNING ACTIONS UNDER THIS CHAPTER.Printed as Section 7.001, 34.061, 34.063, 34.065, 34.066, or 34.067
- Tex. Civ. Prac. & Rem. Code § 34.069PAYMENT OF DAMAGES.Printed as Section 7.001, 34.061, 34.063, 34.064, 34.065, 34.066, or 34.067
- Tex. Civ. Prac. & Rem. Code § 34.070RIGHT OF SUBROGATION.Printed as Section 7.001, 7.002, 34.061, 34.063, 34.064, 34.065, 34.066, or 34.067
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.