OP 2025-2026 CIVIL PROCESS
T
PROFICIENCY EXAM WITH
QUESTIONS & ELABORATE ANSWERS
GRADED A+
citation to a Political Subdivision may be served to whom? (TCPRC 17.024) -
A
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 %
he officer attaching personal property shall retain possession until judgment unless the
T
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
defendant means a person or governmental entity against whom a plaintiff
A
commences or maintains or seeks to commence or maintain litigation. (TCPRC 11.001)
- CORRECT ANSWER-True
J ustice 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.
n application for the Writ of Mandamus must be filed before the later of: 90th day
A
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.
witness is privileged from arrest while attending, going to and returning from court. -
A
CORRECT ANSWER-A witness is privileged from arrest while attending, going to and
returning from court.
Writ of Attachment - CORRECT ANSWER-Commands a peace officer to take the
A
body of a witness and bring before such court on a day named forthwith.
hat steps shall an officer follow when distributing proceeds from a sale (execution)? -
W
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.
Officer entitled to retain reasonable expenses incurred unmaking levy and keeping
property.
All of the above
n eviction citation may be delivered to the defendant or some person over what age at
A
his usual place of adobe. - CORRECT ANSWER-16
Write of Possession is executed when - CORRECT ANSWER-the officer delivers
A
possession of the premises to the Landlord.
ho may issue a Writ of Attachment? - CORRECT ANSWER-The judge or clerk of a
W
District, County Court or Justice of the Peace.
n a Write of Garnishment, the defendant may replevy the garnished property by giving
O
a bond - CORRECT ANSWER-Anytime before judgment
he application of a Writ of Sequestration must contain under oath - CORRECT
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ANSWER-Specific Facts stating the nature of the claim
T
PROFICIENCY EXAM WITH
QUESTIONS & ELABORATE ANSWERS
GRADED A+
citation to a Political Subdivision may be served to whom? (TCPRC 17.024) -
A
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 %
he officer attaching personal property shall retain possession until judgment unless the
T
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
defendant means a person or governmental entity against whom a plaintiff
A
commences or maintains or seeks to commence or maintain litigation. (TCPRC 11.001)
- CORRECT ANSWER-True
J ustice 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.
n application for the Writ of Mandamus must be filed before the later of: 90th day
A
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.
witness is privileged from arrest while attending, going to and returning from court. -
A
CORRECT ANSWER-A witness is privileged from arrest while attending, going to and
returning from court.
Writ of Attachment - CORRECT ANSWER-Commands a peace officer to take the
A
body of a witness and bring before such court on a day named forthwith.
hat steps shall an officer follow when distributing proceeds from a sale (execution)? -
W
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.
Officer entitled to retain reasonable expenses incurred unmaking levy and keeping
property.
All of the above
n eviction citation may be delivered to the defendant or some person over what age at
A
his usual place of adobe. - CORRECT ANSWER-16
Write of Possession is executed when - CORRECT ANSWER-the officer delivers
A
possession of the premises to the Landlord.
ho may issue a Writ of Attachment? - CORRECT ANSWER-The judge or clerk of a
W
District, County Court or Justice of the Peace.
n a Write of Garnishment, the defendant may replevy the garnished property by giving
O
a bond - CORRECT ANSWER-Anytime before judgment
he application of a Writ of Sequestration must contain under oath - CORRECT
T
ANSWER-Specific Facts stating the nature of the claim
