Rule 599.Defendant May Replevy

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

In one sentenceRule 599 lets the defendant, at any time before judgment, replevy attached property — or its sale proceeds — by giving a bond with sufficient surety, approved by the levying officer and payable to the plaintiff.

Full Text of Rule 599

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At any time before judgment, should the attached property not have been previously claimed or sold, the defendant may replevy the same, or any part thereof, or the proceeds from the sale of the property if it has been sold under order of the court, by giving bond with sufficient surety or sureties as provided by statute, to be approved by the officer who levied the writ, payable to plaintiff, in the amount fixed by the court's order, or, at the defendant's option, for the value of the property sought to be replevied (to be estimated by the officer), plus one year's interest thereon at the legal rate from the date of the bond, conditioned that the defendant shall satisfy, to the extent of the penal amount of the bond, any judgment which may be rendered against him in such action. On reasonable notice to the opposing party (which may be less than three days) either party shall have the right to prompt judicial review of the amount of bond required, denial of bond, sufficiency of sureties, and estimated value of the property, by the court which authorized issuance of the writ. The court's determination may be made upon the basis of affidavits, if uncontroverted, setting forth such facts as would be admissible in evidence; otherwise, the parties shall submit evidence. The court shall forthwith enter its order either approving or modifying the requirements of the officer or of the court's prior order, and such order of the court shall supersede and control with respect to such matters. On reasonable notice to the opposing party (which may be less than three days) the defendant shall have the right to move the court for a substitution of property, of equal value as that attached, for the property attached. Provided that there has been located sufficient property of the defendants to satisfy the order of attachment, the court may authorize substitution of one or more items of defendant's property for all or for part of the property attached. The court shall first make findings as to the value of the property to be substituted. If property is substituted, the property released from attachment shall be delivered to defendant, if such property is personal property, and all liens upon such property from the original order of attachment or modification thereof shall be terminated. Attachment of substituted property shall be deemed to have existed from the date of levy on the original property attached, and no property on which liens have become affixed since the date of levy on the original property may be substituted.

End

Plain-English Summary

Rule 599 gives the defendant a way to recover possession. At any time before judgment, if the attached property has not been claimed or sold, the defendant may replevy it — or any part, or the proceeds if it was sold under court order — by giving a bond with sufficient sureties as the statute provides, approved by the officer who levied the writ and payable to the plaintiff.

Frequently Asked Questions

Can a defendant get attached property back in Texas?

Yes. Rule 599 lets the defendant replevy it before judgment by posting a bond approved by the levying officer.

Can a defendant challenge the bond amount required to replevy property?

Yes. On notice to the plaintiff, which may be less than three days, the defendant or the plaintiff can ask the court for prompt review of the bond amount, a denial of bond, the sureties' sufficiency, or the officer's estimate of the property's value.

Can a defendant swap in different property instead of replevying what was attached?

Yes, if enough of the defendant's property exists to satisfy the attachment order. The defendant may move the court to substitute property of equal value; if the court agrees, it releases the original property and treats the substituted property as attached from the date of the original levy. But property with liens that attached after the date of the original levy cannot be offered as the substitute.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 599), 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: defendant may replevyreplevy attached propertyreplevy bondTRCP 599