Rule 597.Duty of Officer

Last verified June 28, 2026

In one sentenceRule 597 requires the sheriff or constable who receives the writ to proceed immediately to execute it by levying on enough of the defendant's property, within the officer's county, to satisfy the writ.

Full Text of Rule 597

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The sheriff or constable receiving the writ shall immediately proceed to execute the same by levying upon so much of the property of the defendant subject to the writ, and found within his county, as may be sufficient to satisfy the command of the writ.

End

Plain-English Summary

Rule 597 sets the officer's duty. The sheriff or constable receiving the writ must immediately execute it by levying on so much of the defendant's property subject to the writ, and found within the officer's county, as may be sufficient to satisfy the command of the writ.

Frequently Asked Questions

What must the officer do with a writ of attachment in Texas?

Immediately levy on enough of the defendant's property in the officer's county to satisfy the writ (Rule 597).

How fast must an officer act on a writ of attachment?

Rule 597 gives the sheriff or constable no room to delay. On receiving the writ, the officer must proceed at once to levy on enough property to satisfy it.

Can an officer levy on property outside their own county?

No. Rule 597 limits the levy to property found within the officer's county — which is why a plaintiff targeting property elsewhere needs a separate writ directed to that county (see Rule 595).

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 597), 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: duty of officer attachmentlevy attachmentimmediate levy attachmentofficer's duty to execute writTRCP 597