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TX · rules

Tex. R. Civ. P. 664

Defendant May Replevy

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

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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Tex. R. Civ. P. 664 — Defendant May Replevy · binding.law