Civil Process Proficiency Exam Questions And Answers With Verified Quiz

Civil Process Proficiency Exam Questions And Answers With Verified Quiz A citation to a Political Subdivision may be served to whom? (TCPRC 17.024) ✔✔President of the School Board Mayor County Judge All of the above If an officer fails or refuses to levy on or sell property subject to execution and the levy or sale could have taken place, the officer and his sureties are liable to the party entitled for actual damages suffered? (TCPRC 34.065) ✔✔True If an officer fai ls or refuses to deliver money collected under an execution when demanded by the person entitled to receive the money, the officer and his sureties are liable to the person for the amount collected and damages at a rate of 1% per month if proven by injured party? (TCPRC 34.067) ✔✔1 % The officer attaching personal property shall retain possession until judgment unless the property is? (TCPRC 61.042) ✔✔Replevied Sold as provided by law Claimed by third party who posts a bond and tries his right to the prope rty. All of the above A defendant means a person or governmental entity against whom a plaintiff commences or maintains or seeks to commence or maintain litigation. (TCPRC 11.001) ✔✔True Justice Court in the precinct where the property is located ✔✔Has j urisdiction in ovations suits (TPC 24.004) Plaintiff ✔✔an individual who commences or maintains a litigation In a county suit, a witness is entitled to $10 for each day the witness attends court. ✔✔In a county suit, a witness is entitled to $10 for each day the witness attends court. An application for the Writ of Mandamus must be filed before the later of: 90th day before the trial starts; or the 10th day after the date the party receives notice of the trial setting. ✔✔An application for the Writ of Man damus must be filed before the later of: 90th day before the date the trial starts; or the 10th day after the date the party receives notice of the trial setting. A witness is privileged from arrest while attending, going to and returning from court. ✔✔A witness is privileged from arrest while attending, going to and returning from court. A Writ of Attachment ✔✔Commands a peace officer to take the body of a witness and bring before such court on a day named forthwith. What steps shall an officer follow w hen distributing proceeds from a sale (execution)? ✔✔Officer shall delivery money collected to the entitled party at the earliest opportunity. After judgment and cost paid -excess hall be immediately paid to the defendant or his age or attorney. Officer e ntitled to retain reasonable expenses incurred unmaking levy and keeping property. All of the above An eviction citation may be delivered to the defendant or some person over what age at his usual place of adobe. ✔✔16 A Write of Possession is executed when ✔✔the officer delivers possession of the premises to the Landlord. Who may issue a Writ of Attachment? ✔✔The judge or clerk of a District, County Court or Justice of the Peace. On a Write of Garnishment, the defenda nt may replevy the garnished property by giving a bond ✔✔Anytime before judgment The application of a Writ of Sequestration must contain under oath ✔✔Specific Facts stating the nature of the claim The amount in controversy (if any) The facts justifying is suance of the Writ Is service of notice of an application for a protective order required before the issuance of a temporary ex parte order? ✔✔No Upon receipt of original or modified protective order, a law enforcement agency shall immediately, but not l ater then the __________ after the order is received, enter the information into the statewide law enforcement information system maintained by DPS. ✔✔10th A temporary ex party order is valid for the period specified in the order, not to exceed____days(s) and may be extended for an additional ____day(s). ✔✔20/20 The duration of a protective order may not exceed ____ year(s) ✔✔2 When serving a Temporary Ex Parte Protective Order with a "Vacate Order", the officer _____. ✔✔Informs the respondent of the exc lusion from the residence.