TX · rules
Tex. R. Civ. P. 664
Defendant May Replevy
At any time before judgment, should the garnished 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 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 or indebtedness 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,
garnishee, 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 garnished, for
the property garnished. Provided that there has been located sufficient property of the defendant's
to satisfy the order of garnishment, the court may authorize substitution of one or more items of
defendant's property for all or for part of the property garnished. The court shall first make findings
as to th e value of the property to be substituted. If property is substituted, the property released
from garnishment shall be delivered to defendant, if such property is personal property, and all
liens upon such property from the original order of garnishment or modification thereof shall be
terminated. Garnishment of substituted property shall be deemed to have existed from date of
garnishment on the original property garnished, and no property on which liens have become
affixed since the date of garnishment of the original property may be substituted.
Provenance
- Source
- txcourts.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-14
- Content hash
d5ac19d50c01e6b751e1d7091825efe8680b3fd6f947648f2b508eb8ba4d1060
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