What is a Turnover Order? A Comprehensive Legal Overview

Definition & Meaning

A turnover order is a legal directive issued by a court that requires a judgment debtor to relinquish specific property to a judgment creditor or to a law enforcement officer, such as a sheriff or constable, acting on behalf of the creditor. This type of order is typically used for property that is difficult to obtain through standard judgment collection methods. Common examples of such property include share certificates and accounts receivable.

Table of content

Legal Use & context

Turnover orders are primarily used in civil law, particularly in cases involving debt recovery. They are relevant in situations where a creditor seeks to enforce a judgment against a debtor who possesses assets that are not easily accessible. Users can often manage the process of obtaining a turnover order through legal forms and templates provided by resources like US Legal Forms, which are drafted by experienced attorneys.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A creditor obtains a judgment against a business for unpaid invoices. The creditor identifies accounts receivable that the business has not collected. The creditor can request a turnover order to collect those funds directly.

Example 2: A court issues a turnover order requiring a debtor to transfer ownership of stock certificates to the creditor as part of debt recovery efforts. (hypothetical example)

State-by-state differences

State	Key Differences
California	Turnover orders may require additional notice to the debtor.
New York	Specific forms must be filed to initiate a turnover order.
Texas	Turnover orders can be issued for a broader range of property types.

This is not a complete list. State laws vary and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition	Key Differences
Writ of Execution	A court order to enforce a judgment by seizing property.	Writs of execution typically involve direct seizure, whereas turnover orders require the debtor to surrender property voluntarily.
Garnishment	A legal process to withhold funds from a debtor's wages or bank accounts.	Garnishment targets income or funds directly, while turnover orders focus on specific property.

Common misunderstandings

What to do if this term applies to you

If you are a creditor seeking a turnover order, you should gather documentation of your judgment and the specific property you wish to recover. Consider using legal templates from US Legal Forms to help you draft the necessary paperwork. If the situation is complex or contested, consulting with a legal professional may be advisable to ensure your rights are protected.

Find the legal form that fits your case

Browse our library of 85,000+ state-specific legal templates.

This field is required

Quick facts

Typical fees: Varies by jurisdiction.
Jurisdiction: Civil courts.
Possible penalties for non-compliance: Contempt of court, fines, or additional legal action.