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Rule 598a.Service of Writ on Defendant

Last verified June 28, 2026

In one sentenceRule 598a requires the defendant to be served — in any manner allowed for citation, or under Rule 21a — with a copy of the writ of attachment, the application, the affidavits, and the court's orders, as soon as practicable after the levy.

Full Text of Rule 598a

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The defendant shall be served in any manner prescribed for service of citation, or as provided in Rule 21a, with a copy of the writ of attachment, the application, accompanying affidavits, and orders of the court as soon as practicable following the levy of the writ. There shall be prominently displayed on the face of the copy of the writ served on the defendant, in ten-point type and in a manner calculated to advise a reasonably attentive person of its contents, the following: “To ____________, Defendant: You are hereby notified that certain properties alleged to be owned by you have been attached. If you claim any rights in such property, you are advised: “YOU HAVE A RIGHT TO REGAIN POSSESSION OF THE PROPERTY BY FILING A REPLEVY BOND. YOU HAVE A RIGHT TO SEEK TO REGAIN POSSESSION OF THE PROPERTY BY FILING WITH THE COURT A MOTION TO DISSOLVE THIS WRIT.”
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Plain-English Summary

Rule 598a, a due-process safeguard added in 1978, makes sure the defendant learns of the attachment. The defendant must be served, in any manner prescribed for service of citation or as provided in Rule 21a, with a copy of the writ of attachment, the application, the accompanying affidavits, and the court's orders, as soon as practicable after the levy — so the defendant can move to dissolve the writ.

Frequently Asked Questions

Does a defendant get notice of an attachment in Texas?

Yes. Rule 598a requires service of the writ, application, affidavits, and orders on the defendant as soon as practicable after the levy.

What notice does the writ itself have to display?

In prominent ten-point type, the copy served on the defendant must say property has been attached and that the defendant can regain possession by filing a replevy bond or by moving the court to dissolve the writ.

How soon after the levy must the defendant be served?

As soon as practicable. Rule 598a doesn't set a fixed number of days, but it requires prompt service so the defendant can move quickly to post a replevy bond or challenge the attachment.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 598a), 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: service of writ on defendantattachment notice to defendantnotice of attachment to defendantattachment writ service requirementsTRCP 598a