Rule 130.Officer to Levy

Last verified June 28, 2026

In one sentenceRule 130 lets the sheriff or constable, on demand and nonpayment of the bill of costs, levy on and sell enough of the debtor's property to satisfy it, and demand a nonresident party's costs from the attorney of record.

Full Text of Rule 130

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The sheriff or constable upon demand and failure to pay said bill of costs, may levy upon a sufficient amount of property of the person from whom said costs are due to satisfy the same, and sell such property as under execution. Where such party is not a resident of the county where such suit is pending, the payment of such costs may be demanded of his attorney of record; and neither the clerk nor justice of the peace shall be allowed to charge any fee for making out such certified bill of costs, unless he is compelled to make a levy.

End

Plain-English Summary

Rule 130 gives the collecting officer teeth. On demand and a failure to pay the bill of costs, the sheriff or constable may levy on enough of the party's property to satisfy the costs and sell it as under execution. If the party does not live in the county where the suit is pending, the officer may demand the costs from that party's attorney of record. The clerk or justice may not charge a fee for the certified bill unless a levy is required.

Frequently Asked Questions

Can a sheriff seize property for unpaid court costs in Texas?

Yes. Under Rule 130, on nonpayment of the bill of costs the officer may levy on and sell enough property to satisfy it.

What happens if the person who owes costs lives outside the county where the suit is pending?

Under Rule 130, the officer may demand payment of the costs from that party's attorney of record instead of the party.

Can the clerk charge a fee for preparing the certified bill of costs?

Only if a levy is required. Rule 130 bars the clerk or justice of the peace from charging a fee for making out the certified bill unless they must carry out a levy.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 130), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source

Also known as: officer to levylevy for costsseizing property to pay costsdemanding costs from the attorney of recordTRCP 130