This User Agreement and Acknowledgments (“Agreement”) is entered into by and between Noack Law Firm, PLLC (“Firm,” “Receiver,” “we,” “our,” or “us”), and the individual or entity accessing or using the Firm website (“Website” or “Portal”) operated by the Firm (“User,” “you,” or “your”).
By checking the box marked “I have read, understand, and agree to the terms of this Agreement” and clicking “Submit” or “Accept,” you acknowledge that you have read this Agreement in its entirety, that you understand its terms, and that you consent to be bound by its provisions. Your electronic acceptance constitutes a valid and enforceable signature under the Texas Uniform Electronic Transactions Act, Tex. Bus. & Com. Code Chapter 322, and the federal Electronic Signatures in Global and National Commerce Act (E-SIGN), 15 U.S.C. §§ 7001–7031.
If you do not agree to any term of this Agreement, do not access or use the Portal. Your continued use of the Portal after any modification of this Agreement constitutes acceptance of such modifications.
1. Acceptance of Terms. By accessing or using the Portal, you agree to comply with and be bound by this Agreement, as well as any supplemental terms, policies, or guidelines referenced herein or posted on the Portal. These terms constitute a binding agreement between you and the Firm.
2. Eligibility. You must be at least eighteen (18) years of age and legally competent to enter into a binding agreement. If you are accessing the Portal on behalf of a business, corporation, partnership, or other entity, you represent and warrant that you have the authority to bind that entity to this Agreement.
3. Portal Purpose and Scope. The Portal is provided as a convenience to judgment creditors and their authorized representatives for the purpose of submitting judgments for evaluation, uploading documents, monitoring case status, communicating with the Receiver’s office, and receiving disbursement information. The Portal is not a substitute for legal representation, and nothing on the Portal constitutes legal advice.
4. Accuracy of Information. You agree to provide true, accurate, current, and complete information in all forms, submissions, and communications through the Portal. You agree to promptly update any information that changes. You are solely responsible for the accuracy and completeness of all information you submit. The Firm is entitled to rely on the accuracy of the information you provide without independent verification, and you agree to indemnify the Firm against any losses, damages, or claims arising from inaccurate, incomplete, or misleading information.
5. Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify the Firm immediately of any unauthorized use of your account or any other breach of security. The Firm will not be liable for any loss arising from your failure to protect your account credentials.
6. Privacy and Data Use. Information submitted through the Portal is subject to the Firm’s Privacy Policy, available at www.noacklawfirm.com/privacy-policy. The Firm may use the information you provide for the purposes of evaluating and administering receivership cases, communicating with you, processing disbursements, and complying with applicable law. The Firm will not sell your personal information to third parties. However, you acknowledge that information submitted in connection with a receivership may be disclosed to courts, financial institutions, the judgment debtor, or other parties as required by law or by the terms of the court’s order.
7. No Warranties; Limitation of Liability. The Portal and all content, materials, information, and services provided through the Portal are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied. The Firm disclaims all warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Firm does not warrant that the Portal will be uninterrupted, error-free, secure, or free of viruses or other harmful components. To the fullest extent permitted by law, in no event shall the Firm be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Portal.
8. Modification of Agreement. The Firm reserves the right to modify this Agreement at any time by posting the revised Agreement on the Portal. Your continued use of the Portal after such modifications constitutes your acceptance of the revised terms. It is your responsibility to review this Agreement periodically for changes.
9. Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Any dispute arising out of or relating to this Agreement or your use of the Portal shall be subject to the exclusive jurisdiction of the state and federal courts located in Bexar County, Texas.
10. Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
11. Receiver Is Not Your Attorney. You understand and agree that the Noack Law Firm, PLLC, and any attorney associated with the Firm who serves as a court-appointed turnover receiver, is acting solely in the capacity of a potential or actual court-appointed turnover receiver with respect to any judgment submitted through this Portal. The Firm is not, has never been, and will not be acting as your attorney, legal counsel, or legal representative in any capacity whatsoever. No attorney-client relationship exists or is created between you and the Firm by virtue of your use of the Portal, your submission of a judgment, or any communication with the Firm’s staff.
12. Communications Are Not Privileged. Because no attorney-client relationship exists between you and the Firm, your communications with the Firm’s office, whether through this website, by email, by telephone, or by any other means, are not subject to attorney-client privilege. You should not disclose information to the Firm that you wish to remain confidential under the protections of the attorney-client privilege. If you require privileged legal communications regarding your judgment or the receivership, you should retain your own independent legal counsel.
13. Receiver Reports to the Court. You understand that a turnover receiver is an independent officer of the court. While the purpose of the receivership is to satisfy the judgment, which results in payment to you as the judgment creditor, the Receiver reports directly to and takes direction from the judge who signed the order appointing the Receiver. The Receiver acts only according to the powers and instructions set forth in the court’s order. The Receiver does not act at your direction, and the Receiver’s duties and obligations run to the court, not to you.
14. Consult a Licensed Attorney. If you have any legal questions about your judgment, the receivership process, your rights as a judgment creditor, or any other legal matter, you should consult with a licensed Texas attorney of your own choosing. The Firm cannot and will not provide you with legal advice, legal opinions, or legal recommendations.
15. Form Pleadings Disclaimer. For cases submitted by a licensed Texas attorney, the forms provided should be reviewed for accuracy, applicability to your specific scenario, and compliance with any applicable local rules of court. You agree that these forms are provided by the Firm solely for informational purposes only and do not constitute the provision of legal advice.
For cases where you are not represented by a licensed Texas attorney, our office may provide sample form pleadings that have been promulgated by the Texas Supreme Court, the Texas Justice Court Training Center (TJCTC), the Texas Legal Services Center, or other similar non-profit entities. The only modifications our office makes to these forms are: (a) completing the case-specific information relevant to your case (such as case style, cause number, and party names); and (b) selecting the options designated therein that set forth the conditions under which the Receiver is willing to serve. These forms are provided as a convenience and do not constitute the practice of law or the provision of legal advice.
For justice court cases, the Receiver provides only the Texas Supreme Court–promulgated form order required by Texas Rule of Civil Procedure 679a(a), with the appropriate case information and Receiver options completed. For county or district court cases, the Receiver’s office will provide the Receiver’s preferred form of order for service in that court.
You understand that the presiding judge is not required to use the Receiver’s provided order or to approve any of its terms. If you or the judge modifies the terms of the order, the Receiver is required to abide by those changes, although the Receiver reserves the right to decline to serve if the modifications are significant.
16. Receiver’s Contingency Fee. You understand that the Receiver’s fee is set by the court in the order appointing the Receiver. The customary and usual fee for a turnover receiver in Texas is twenty-five percent (25%) of all proceeds coming into the Receiver’s possession. By using this website and submitting a judgment for receivership, you consent to the contingency fee awarded by the judge and agree that it is a reasonable and customary fee for a turnover receiver in your case(s). The Receiver’s fee is subject to court oversight and may be adjusted by the court upon application by any party.
17. Receiver Does Not Get Paid Unless Money Is Recovered. You understand that the Receiver operates on a contingency basis. If no money is recovered in your case, the Receiver does not receive a fee. If money is recovered, the first funds received are applied to reimburse the Receiver’s reasonable out-of-pocket expenses (such as asset search fees, certified mailing costs, service charges, and bond deposits). Any funds remaining after those expenses are deducted will be split according to the terms of the turnover order, with you, the judgment creditor, receiving the net proceeds after the Receiver’s fees and costs.
18. Costs and Fees Are Assessable as Costs of Court. You understand that the Receiver’s costs and fees are assessable as costs of court under Section 31.002(e) of the Texas Civil Practice & Remedies Code. Accordingly, any amounts paid by the judgment debtor toward the Receiver’s fees and costs do not act as credits toward the underlying judgment balance. They are treated as additional court costs owed by the judgment debtor.
19. Final Accounting and Right to Object. At the conclusion of the case, the Receiver will provide a full accounting of all costs, expenses, fees, and the amounts applied to the judgment. Any party, including you, has the right to request that the court review, modify, or adjust those amounts. You may exercise this right by filing an appropriate motion with the court overseeing the case.
20. Advancement of Expenses. You understand that the Receiver incurs expenses in every case, including cases where no assets are ultimately found. Because the Receiver cannot fund these costs from the judgment debtor’s assets until assets are located, you may be asked to advance a modest amount to cover initial receivership expenses if we recommend physical seizure of real or personal property. These costs are recoverable from the judgment debtor as costs of the receivership. If you do not advance these costs, Receiver is not obligated to act or incur any expenses, and may terminate their appointment.
21. Communication Through the Website. You agree that your primary method of communicating with the Receiver’s office shall be through this Portal, and not via phone or email, unless the Receiver’s office specifically requests that you communicate through another channel. This requirement exists because the Receiver’s staff and resources are devoted to locating the judgment debtor and their assets. Unnecessary communications by phone or email divert those resources and may delay the progress of your case and others.
22. Prompt Response Required. You agree to respond promptly to any messages sent to you via the Portal. Many situations that arise during a receivership are time-sensitive, including bank levies, settlement negotiations, and exemption claims. You understand that if you do not respond to a Portal message in a timely manner, or if the situation is urgent, the Receiver’s office may contact you by phone, email, and/or text message to obtain a necessary response.
23. No Contact with Judgment Debtor. You agree not to engage in any contact with the judgment debtor while the receivership is active, and not to attempt to settle the case without the prior written approval of the Receiver. This restriction is for your benefit: a judgment debtor who approaches you directly to settle may be concealing the fact that the Receiver has already frozen a bank account or seized an asset worth more than what the debtor is offering.
If you, as the judgment creditor, settle directly with the judgment debtor without the Receiver’s permission or agreement, you agree that the Receiver is entitled to reimbursement of its fees and costs out of the settlement amount. If those fees and costs are not paid from the settlement proceeds, you agree that the Receiver may pursue reimbursement directly against you.
24. No Other Collection Activity. You agree not to engage any other third party, including but not limited to a collection agency, skip-tracing service, or another receiver, to pursue collection of the judgment during the pendency of the receivership.
25. No Other Pending Collection Processes. You represent and warrant that, with respect to any judgment submitted through this Portal, no other turnover receiver has been appointed and no other judicial collection process, such as a writ of garnishment or writ of execution, is currently pending. If any such process is pending, you must disclose it to the Receiver before submission.
26. Authority to Settle or Release Funds. You understand that the form court order promulgated by the Texas Supreme Court prohibits the Receiver from settling the case for less than the full amount owed without your specific written permission. However, the order does permit the Receiver to evaluate the judgment debtor’s financial circumstances and agree to a payment plan for a balance in full if the Receiver reasonably believes that an installment agreement is in the best interests of satisfying the judgment.
You understand and agree that Receiver has the right to release and/or refund any seized real or personal property, including funds in a financial account, if the Firm conducts a reasonable investigation and determines that a) the property or funds are exempt under federal or state law; b) the property or funds are owned by a third party and not the judgment debtor; and/or c) taking all of the property or funds seized would cause an undue hardship to the judgment debtor and/or their employees. In the event of a potential financial hardship to the judgment debtor, you agree that Receiver is authorized to refund or release up to half of any and all funds or property seized without prior contact with you, if the Firm reasonably believes that is the best option to balance the interests of the parties and/or effectuate the will of the judge in that case.
27. Duration of Receivership. You understand that the receivership lasts only for the time frame indicated in the turnover order, unless the case is in a county or district court and the order does not include an expiration date. In that circumstance, the receivership remains in effect for as long as the underlying judgment is valid.
28. Creditor’s Responsibility to Protect and Renew the Judgment. You understand that it is your responsibility, not the Receiver’s, to: (a) defend the judgment against any collateral attack by the judgment debtor or third parties; (b) ensure that the judgment remains valid during the period of the receivership; and (c) renew the judgment or the receivership if necessary under applicable law. The Receiver may request an extension of the receivership if warranted by the circumstances of the case as the expiration approaches, but the Receiver is not required to request an extension.
29. Obligation to Notify Receiver of Material Events. You agree to inform the Receiver’s office promptly through the Portal if any of the following events occurs: (a) the judgment is overturned, vacated, modified, or set aside by any court; (b) the judgment creditor files for bankruptcy; (c) the judgment creditor becomes deceased; (d) the judgment creditor becomes the subject of state insolvency proceedings, including but not limited to a receivership; or (e) any other event occurs that could materially affect the validity of the judgment or the Receiver’s authority to act.
30. Your Authority to Act on Behalf of the Judgment Creditor. You represent and warrant to the Receiver that you have the actual authority to act on behalf of the judgment creditor or plaintiff named in the judgment. You agree to promptly provide additional proof of your authority if requested by the Receiver or the court. You additionally agree to inform the Receiver immediately if: (a) you are no longer authorized to take action on behalf of the judgment creditor; or (b) you or the judgment creditor retains an attorney to represent them in the underlying case.
31. Obligation to Share Court Filings. You agree to send a copy of any document or pleading that you or your attorney files in the case to the Receiver’s office via the Portal or pursuant to the Texas Rules of Civil Procedure, until such time as an order has been entered closing out the receivership. This ensures the Receiver is aware of all proceedings that may affect the receivership.
32. Exempt Property May Not Be Seized. You understand and agree that the judgment debtor’s exempt property, as defined by applicable state or federal law, is not subject to the receivership and may not be seized. Examples of exempt property may include, but are not limited to, Social Security benefits, certain retirement account funds, current wages, veterans’ benefits, and certain personal property up to the limits set by state law.
In some cases, the Receiver may initially seize or freeze funds that are later determined to be exempt. In such cases, the Receiver is required to return or release those funds to the judgment debtor.
The Receiver will evaluate all claims of exemption and take appropriate steps to return or release any exempt funds. The Receiver’s determination of exemption issues may only be overruled by the judge overseeing your case.
You have the right to object to and/or appeal any exemption determination made by the Receiver to the judge overseeing your case, or by the judge to a higher court or court of appeal. You should consult with a licensed Texas attorney about your options.
33. Posting of Bond. If the court requires the posting of a receiver’s bond, it is your responsibility as the judgment creditor to post the bond. In justice court, most courts will accept a form bond document that the Receiver files on your behalf. However, in county or district court, a bond must be either a cash bond (deposited with the court) or a surety bond. Receiver surety bonds may be obtained online from a surety provider for a fee. Cash bonds may be paid directly to the court clerk.
Proof of submission of the bond must be provided to the Receiver via the Portal before any action to enforce the judgment commences. The Receiver will not begin enforcement activity until the bond has been posted and confirmed.
34. Timing of Updates. You understand that the status of your case(s) displayed on the Portal may take time to be updated. Most case information is updated on a daily basis. However, in many instances, financial institutions may take several days after freezing a bank account to inform the Receiver of the freeze, whereas the judgment debtor may become aware of the freeze immediately. Accordingly, there may be a lag between when an action occurs and when the status on the Portal reflects that action. The Portal should not be relied upon as a real-time source of case status information.
35. Electronic Signature. By checking the box below and clicking “Accept” or “Submit,” you are signing this Agreement electronically. You agree that your electronic signature has the same legal force and effect as a handwritten signature. You consent to the use of electronic records and electronic signatures in connection with this Agreement and any transactions conducted through the Portal.
Your electronic signature is governed by the Texas Uniform Electronic Transactions Act, Tex. Bus. & Com. Code Chapter 322, and the federal Electronic Signatures in Global and National Commerce Act (E-SIGN), 15 U.S.C. §§ 7001–7031.
36. Record of Acceptance. The Firm will maintain a record of your acceptance of this Agreement, including the date and time of acceptance, your IP address, and the version of the Agreement you accepted. This record may be used to demonstrate your acceptance in any subsequent legal proceeding.