Civil Process Proficiency Exam - Questions and Answers

Civil Process Proficiency Exam - Questions and Answers 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 fails 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 property. -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 jurisdiction in ovations suits (TPC 24.004) Plaintiff an individual who commences or maintains a litigation 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 when 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 entitled 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 defendant 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 issuance 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 later 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 exclusion from the residence.