Turnover Overturned by Mandamus

The Court of Appeals has conditionally granted mandamus relief to the wife of a judgment debtor after she became entangled in the creditor’s efforts to collect on the judgment against her husband. Wells Fargo alleged that Catherine Karlseng did not do any actual work for her husband’s law firm, that she only received wages by virtue of her husband’s work at the firm, and that the money was not exempt from execution as wages because her husband was really an independent contractor of the firm. The trial court entered a turnover order. The Court of Appeals held that as a third party to the underlying judgment, Mrs. Karlseng had no adequate remedy at law because she could not supersede the judgment to prevent execution and because the turnover order prevented her from paying her living expenses. The trial court had also abused its discretion, the Court held, because the turnover statute cannot be used to adjudicate third-party ownership claims. As a non-party to the underlying judgment, Mrs. Karlseng would have to be made a party to the proceeding before she could be required to turn over property in which she claimed an ownership interest.

In re Karlseng, No. 05-14-00049-CV