RECOVERY OF PROPERTY VALUE AFTER SALE
Applied in 2 court decisions — leading case Marshall v. Housing Authority of San Antonio (2006)
Most recently applied in Ziemian v. TX Arlington Oaks Apartments, Ltd. (October 2007)
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff
(a) A person is entitled to recover from the judgment creditor the market value of the person's property that has been seized through execution of a writ issued by a court if the judgment on which execution is issued is reversed or set aside but the property has been sold at execution.
(b) The amount of recovery is determined by the market value at the time of sale of the property sold.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.