Texas Application For Execution (Family) is a legal document used by the Texas Department of Criminal Justice to seek the death penalty of a person who has been convicted of a capital offense. The document includes the trial information and findings, the death sentence, and the reasons for seeking the death penalty. The application is usually filed by the prosecutor or the district attorney. It must also be signed by the judge who presided over the trial. There are two types of Texas Application For Execution (Family): the Original Application and the Supplemental Application. The Original Application is the initial document filed by the prosecutor or district attorney seeking the death penalty. It contains the trial information and findings, the death sentence, and the reasons for seeking the death penalty. The Supplemental Application is an additional document filed by the prosecutor or district attorney that provides additional evidence or information in support of the death penalty. This can include any new evidence that has come to light since the trial or new aggravating circumstances that make the death penalty more justified. Both applications must be signed by the judge who presided over the trial.
Texas Application For Execution (Family)
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FAQ
The Writ of Execution is served to a county constable or sheriff, who must ?without delay? levy the real and personal property of the judgment debtor unless directed to do otherwise. If more than one Writ of Execution is served, then the assets are distributed in the order the writs are received.
A writ of execution may be issued before the thirtieth day after a final judgment is signed upon filing of an affidavit by the judgment creditor, or the judgment creditor's agent or attorney, that the judgment debtor is about to remove the judgment debtor's personal property subject to execution out of the county, or
The most effective way to stop a writ of execution is to reach out to the judgment creditor and ask it to stop implementation. The sheriff will often cease efforts if the parties are working in good faith to resolve the judgment.
Do Judgments Expire in Texas? Judgments awarded in Texas to a non-government creditor are generally valid for ten years but they can be renewed for longer. If a judgment is not renewed, it will become dormant.
Property, which is non-exempt, and thus subject to a Writ of Execution, includes property like vacation homes, rental properties, boats, and excess personal property. These are the types of property a Writ of Execution will target.
Requesting a Writ of Execution Another way a creditor may try to collect their judgment is through a writ of execution. Requesting a writ of execution from the court would allow the debtor's non-exempt property to be seized and sold with the proceeds going to the debt owed to the creditor.
Once issued, the writ of execution directs the sheriff to seize the non-exempt property and sell it. The proceeds of the sale are given to the creditor to satisfy all or part of the judgment.
The judgments of the district, county, and justice courts shall be enforced by execution or other appropriate process. Such execution or other process shall be returnable in thirty, sixty, or ninety days as requested by the plaintiff, his agent or attorney.