TX · rules
Tex. R. Civ. P. 614
Defendant May Replevy
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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