CIVIL PROCESS PROFICIENCY EXAM
QUESTIONS AND ANSWERS (ALREADY
GRADED A+)
A citation to a Political Subdivision may be served to whom? (TCPRC 17.024) -
ANSWER-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) - ANSWER-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) - ANSWER-1 %
The officer attaching personal property shall retain possession until judgment unless the
property is? (TCPRC 61.042) - ANSWER-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)
- ANSWER-True
Justice Court in the precinct where the property is located - ANSWER-Has jurisdiction in
ovations suits (TPC 24.004)
On a Write of Garnishment, the defendant may replevy the garnished property by giving
a bond - ANSWER-Anytime before judgment
The application of a Writ of Sequestration must contain under oath - ANSWER-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? - ANSWER-No
Plaintiff - ANSWER-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. -
ANSWER-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. - ANSWER-An application for the Writ of Mandamus 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. -
ANSWER-A witness is privileged from arrest while attending, going to and returning
from court.
A Writ of Attachment - ANSWER-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)? -
ANSWER-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. - ANSWER-16
What cour tas jurisdiction in which the real property is located in all eviction notices. -
ANSWER-Justice Court in the precinct where the property is located.
A write of possession shall order the officer executing the writ to post a written notice to
the exterior of the front door which must be at least.(TPC 24.0061) - ANSWER-8 1/2 x
11 inches
A landlord may not remove doors, windows, locks, latches, doorknobs, furniture, fixtures
or appliances furnished by the landlord for a bonafide repair or replacement. -
ANSWER-True
A Writ of Possession (non eviction) shall require the officer to deliver the possession of
the property to the person entitled to the property. - ANSWER-True
QUESTIONS AND ANSWERS (ALREADY
GRADED A+)
A citation to a Political Subdivision may be served to whom? (TCPRC 17.024) -
ANSWER-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) - ANSWER-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) - ANSWER-1 %
The officer attaching personal property shall retain possession until judgment unless the
property is? (TCPRC 61.042) - ANSWER-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)
- ANSWER-True
Justice Court in the precinct where the property is located - ANSWER-Has jurisdiction in
ovations suits (TPC 24.004)
On a Write of Garnishment, the defendant may replevy the garnished property by giving
a bond - ANSWER-Anytime before judgment
The application of a Writ of Sequestration must contain under oath - ANSWER-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? - ANSWER-No
Plaintiff - ANSWER-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. -
ANSWER-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. - ANSWER-An application for the Writ of Mandamus 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. -
ANSWER-A witness is privileged from arrest while attending, going to and returning
from court.
A Writ of Attachment - ANSWER-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)? -
ANSWER-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. - ANSWER-16
What cour tas jurisdiction in which the real property is located in all eviction notices. -
ANSWER-Justice Court in the precinct where the property is located.
A write of possession shall order the officer executing the writ to post a written notice to
the exterior of the front door which must be at least.(TPC 24.0061) - ANSWER-8 1/2 x
11 inches
A landlord may not remove doors, windows, locks, latches, doorknobs, furniture, fixtures
or appliances furnished by the landlord for a bonafide repair or replacement. -
ANSWER-True
A Writ of Possession (non eviction) shall require the officer to deliver the possession of
the property to the person entitled to the property. - ANSWER-True
