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Rule 596.Delivery of Writ

Last verified June 28, 2026

In one sentenceRule 596 provides that the writ of attachment is dated and tested like other writs and may be delivered to the sheriff or constable by the issuing officer, or handed to the plaintiff or its agent or attorney for delivery.

Full Text of Rule 596

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The writ of attachment shall be dated and tested as other writs, and may be delivered to the sheriff or constable by the officer issuing it, or he may deliver it to the plaintiff, his agent or attorney, for that purpose.
End

Plain-English Summary

Rule 596 covers getting the writ to the officer. The writ of attachment is dated and tested as other writs, and the issuing officer may deliver it to the sheriff or constable, or may give it to the plaintiff, an agent, or the attorney to deliver for execution.

Frequently Asked Questions

How is a writ of attachment delivered in Texas?

The issuing officer delivers it to the sheriff or constable, or gives it to the plaintiff or attorney to deliver (Rule 596).

Who is responsible for getting the writ to the officer who will execute it?

Either the issuing officer delivers it directly to the sheriff or constable, or hands it to the plaintiff, an agent, or the attorney, who then carries it to the officer for execution.

Does a writ of attachment need to be dated and tested like other writs?

Yes. Rule 596 requires the writ to be dated and tested the same way as any other writ before it goes out for delivery.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 596), 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: delivery of writ of attachmentwho delivers a writ of attachmentattachment writ transmittaldelivering an attachment writTRCP 596