Civil Process Proficiency Exam
Question and answers verified to pass
A citation to a Political Subdivision may be served to whom? (TCPRC 17.024)
- correct 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) - correct
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) - correct
answer 1 %
The officer attaching personal property shall retain possession until judgment
unless the property is? (TCPRC 61.042) - correct 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) - correct answer True
, Justice Court in the precinct where the property is located - correct answer
Has jurisdiction in ovations suits (TPC 24.004)
Plaintiff - correct 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. - correct 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. - correct 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. - correct answer A witness is privileged from arrest while attending,
going to and returning from court.
A Writ of Attachment - correct 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)? - correct 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.
Question and answers verified to pass
A citation to a Political Subdivision may be served to whom? (TCPRC 17.024)
- correct 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) - correct
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) - correct
answer 1 %
The officer attaching personal property shall retain possession until judgment
unless the property is? (TCPRC 61.042) - correct 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) - correct answer True
, Justice Court in the precinct where the property is located - correct answer
Has jurisdiction in ovations suits (TPC 24.004)
Plaintiff - correct 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. - correct 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. - correct 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. - correct answer A witness is privileged from arrest while attending,
going to and returning from court.
A Writ of Attachment - correct 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)? - correct 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.
