Sec. 34.066. IMPROPER SALE. (a) If an officer sells property without giving notice as required by the Texas Rules of Civil Procedure or sells property in a manner other than that prescribed by this chapter and the Texas Rules of Civil Procedure, the officer shall be liable only for actual damages sustained by the injured party.
(b) The injured party has the burden to prove that the sale was improper and any actual damages suffered.
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.
Structure Texas Statutes
Civil Practice and Remedies Code
Title 2 - Trial, Judgment, and Appeal
Chapter 34 - Execution on Judgments
Subchapter D. Duties and Liabilities of Executing Officer
Section 34.061. Duty Toward Seized Personalty; Liability
Section 34.062. Duty of Successor Officer
Section 34.063. Improper Endorsement of Writ
Section 34.065. Failure to Levy or Sell
Section 34.067. Failure to Deliver Money Collected
Section 34.068. Rules Governing Actions Under This Chapter
Section 34.069. Payment of Damages
Section 34.070. Right of Subrogation
Section 34.071. Duties of Executing Officer
Section 34.072. Timing of Execution and Return
Section 34.073. Transfer of Writ; No Duty to Levy Outside of County