Rule 592.Application for Writ of Attachment and Order

Last amended January 1, 1978 · Last verified June 28, 2026

In one sentenceRule 592 lets a plaintiff, at the start of or during a suit, apply for a writ of attachment supported by affidavits showing the statutory grounds, so the defendant's property can be seized to secure a potential judgment.

Full Text of Rule 592

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Either at the commencement of a suit or at any time during its progress the plaintiff may file an application for the issuance of a writ of attachment. Such application shall be supported by affidavits of the plaintiff, his agent, his attorney, or other persons having knowledge of relevant facts. The application shall comply with all statutory requirements and shall state the grounds for issuing the writ and the specific facts relied upon by the plaintiff to warrant the required findings by the court. The writ shall not be quashed because two or more grounds are stated conjunctively or disjunctively. The application and any affidavits shall be made on personal knowledge and shall set forth such facts as would be admissible in evidence; provided that facts may be stated based upon information and belief if the grounds of such belief are specifically stated. No writ shall issue except upon written order of the court after a hearing, which may be ex parte. The court, in its order granting the application, shall make specific findings of facts to support the statutory grounds found to exist, and shall specify the maximum value of property that may be attached, and the amount of bond required of plaintiff, and, further shall command that the attached property be kept safe and preserved subject to further orders of the court. Such bond shall be in an amount which, in the opinion of the court, will adequately compensate the defendant in the event plaintiff fails to prosecute his suit to effect, and to pay all damages and costs which may be adjudged against him for wrongfully suing out the writ of attachment. The court shall further find in its order the amount of bond required of defendant to replevy, which, unless the defendant chooses to exercise his option as provided in Rule 599, shall be the amount of plaintiff's claim, one year's accrual of interest if allowed by law on the claim, and the estimated costs of court. The order may direct the issuance of several writs at the same time, or in succession, to be sent to different counties.

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Plain-English Summary

Rule 592 opens the attachment remedy. At the commencement of a suit or any time during its progress, the plaintiff may file an application for a writ of attachment, supported by affidavits of the plaintiff, an agent, the attorney, or others with knowledge of the relevant facts. The application must comply with the statutory requirements and state the grounds for the writ. The court reviews it before ordering the writ — part of the due-process safeguards the attachment rules took on in 1978.

Frequently Asked Questions

What is a writ of attachment in Texas?

A pre-judgment order seizing a defendant's property to secure a possible judgment. Rule 592 sets the sworn application and the grounds.

Does the court hold a hearing before issuing a writ of attachment?

Rule 592 bars the writ from issuing except on written order after a hearing, and that hearing may be ex parte. The court must make specific findings supporting the statutory grounds and set the maximum property value and bond amounts before the writ can go out.

What must the plaintiff's affidavit for attachment show?

Facts within the affiant's personal knowledge that would be admissible in evidence, or, if based on information and belief, a specific statement of the grounds for that belief. Rule 592 also requires the application to state the statutory grounds and the specific facts supporting the court's required findings.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 592), 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: writ of attachmentapplication for attachmentprejudgment attachmentTRCP 592