TX · rules
Tex. R. Civ. P. 599
Defendant May Replevy
At any time before judgment, should the attached property not have been previously claimed or
sold, the defendant may replevy the same, or any part thereof, or the proceeds from the sale of the
property if it has been sold under order of the court, by givi ng bond with sufficient surety or
sureties as provided by statute, to be approved by the officer who levied the writ, payable to
plaintiff, in the amount fixed by the court's order, or, at the defendant's option, for the value of the
property sought to be replevied (to be estimated by the officer), plus one year's interest thereon at
the legal rate from the date of the bond, conditioned that the defendant shall satisfy, to the extent
of the penal amount of the bond, any judgment which may be rendered against him in such action.
On reasonable notice to the opposing party (which may be less than three days) either party shall
have the right to prompt judicial review of the amount of bond required, denial of bond, sufficiency
of sureties, and estimated value of the property, by the court which authorized issuance of the writ.
The court's determination may be made upon the basis of affidavits, if uncontroverted, setting forth
such facts as would be admissible in evidence; otherwise, the parties shall submit evidence. The
court shall forthwith enter its order either approving or modifying the requirements of the officer
or of the court's prior order, and such order of the court shall supersede and control with respect to
such matters.
On reasonable notice to the opposing party (which may be less than three days) the defendant shall
have the right to move the court for a substitution of property, of equal value as that attached, for
the property attached. Provided that there has been located sufficient property of the defendants to
satisfy the order of attachment, the court may authorize substitution of one or more items of
defendant's property for all or for part of the property attached. The court shall first make findings
as to the val ue of the property to be substituted. If property is substituted, the property released
from attachment shall be delivered to defendant, if such property is personal property, and all liens
upon such property from the original order of attachment or modifi cation thereof shall be
terminated. Attachment of substituted property shall be deemed to have existed from the date of
levy on the original property attached, and no property on which liens have become affixed since
the date of levy on the original property may be substituted.
Provenance
- Source
- txcourts.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-14
- Content hash
9c2280e25b67e75876fe4756364ffae668d1d168a86571321a03f44caf1f0da1
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