One of our deputies has been given a writ of execution against a now defunct corporation. One of the former principal owners of the corporation resides in and has property in our county.

The plaintiff in the civil suit is trying to demand that we serve the writ on the former owner. The writ of execution states clearly that the judgment is against the corporation not the owner.

Plaintiff insists that because the corporation is now defunct, the corporate shield is no longer in place and our deputy should seize the owner's property in satisfaction of the writ.

Plain language of TRCP 629 says the writ shall "describe the judgment . . . and the names of the parties in whose favor and against judgment is rendered".

Since the writ is directed at the corporation, not the owner, and the corporation doesn't own any property in this county to levy on, there is nothing we can do for the plaintiff correct?

Any help is greatly appreciated. This is not my area of expertise but this guy keeps calling our office and I just want to cite the law necessary to quiet him up or have the deputy go seize what he needs to.

Based on Rule 629 (as you have cited), it is essential that a writ of execution properly identify the judgment debtor whose property is to be levied in execution, so any failure to properly identify the judgment debtor renders the execution void (as to the unidentified debtor). Long v. Castaneda, 475 S.W.2d 578, 583-84 (Tex. Civ. App.--Corpus Christi 1971, writ ref'd n.r.e.). Likewise, if the shareholder isn't named in the judgment, the creditor's lawyer is essentially telling your sheriff to "pierce the corporate veil," which is a judicial determination the sheriff is unauthorized to make. See Henry S. Miller Co. v. Evans, 452 S.W.2d 426, 433 (Tex. 1970) (sheriff is "not a tribunal to determine doubtful questions of fact").