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TX · rules

Tex. R. Civ. P. 614

Defendant May Replevy

activein force · 2026-07-01 – presentact-effective-date

At any time before judgment, should the seized 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 giving bond with sufficient surety or

sureties as provided by statute, to be approved by a court having jurisdiction of the amount in

controversy payable to plaintiff in double the amount of the plaintiff's debt, or, at the defendant's

option for not less than t he value of the property sought to be replevied, 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 aga inst 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 a court having jurisdiction of the amount in

controversy. 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 order of the justice of the peace, 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 seized. Provided that there has been locat ed sufficient property of the defendant's to

satisfy the order of seizure, the court may authorize substitution of one or more items of defendant's

property for all or part of the property seized. The court shall first make findings as to the value of

the property to be substituted. If property is substituted, the property released from seizure shall

be delivered to defendant, if such property is personal property, and all liens upon such property

from the original order of seizure or modification thereof shall be terminated. Seizure of substituted

property shall be deemed to have existed from the date of levy on the original property seized, 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
f0a52550d3b43d32dbe1f6b35494c66a4f26b282a71308205eb564227230e45f
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Tex. R. Civ. P. 614 — Defendant May Replevy · binding.law