Tex. R. Civ. P. 614a

A defendant whose property has been seized or any intervening claimant who claims an interest in

such property, may by sworn written motion, seek to vacate, dissolve, or modify the seizure, and

the order directing its issuance, for any grounds or cause, extrinsic or intrinsic. Such motion shall

admit or deny each finding of the order directing the issuance of the warrant except where the

movant is unable to admit or deny the finding, in which case movant shall set forth the reasons

why he cannot admit or deny. Unless the parties agree to an extension of time, the motion shall be

heard promptly, after reasonable notice to the plaintiff (which may be less than three days), and

the issue shall be determined not later than 10 days after the motion is filed. The filing of the

motion shall stay any further proceedings under the warrant, except for any orders concerning the

care, preservation, or sale of any perishable property, unti l a hearing is had, and the issue is

determined. The warrant shall be dissolved unless, at such hearing, the plaintiff shall prove the

specific facts alleged and the grounds relied upon for its issuance, but the court may modify the

order of the justice of the peace granting the warrant and the warrant issued pursuant thereto. The

movant shall however have the burden to prove that the reasonable value of the property seized

exceeds the amount necessary to secure the debt, interest for one year, and probable costs. He shall

also have the burden to prove the facts to justify substitution of property.

The court's determination may be made upon the basis of affidavits setting forth such facts as

would be admissible in evidence, but additional evidence, if tendered by either party shall be

received and considered. The court may make all such orders, inclu ding orders concerning the

care, preservation, or disposition of the property (or the proceeds therefrom if the same has been

sold), as justice may require. If the movant has given a replevy bond, an order to vacate or dissolve

the warrant shall vacate the replevy bond and discharge the sureties thereon, and if the court

modifies the order of the justice of the peace of the warrant issue pursuant thereto, it shall make

such further orders with respect to the bond as may be consistent with its modification.