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Rule 600.Sale of Perishable Property

Last verified June 28, 2026

In one sentenceRule 600 lets the judge or justice of the peace whose court issued the writ order attached personal property that has not been claimed or replevied to be sold when it is perishable.

Full Text of Rule 600

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Whenever personal property which has been attached shall not have been claimed or replevied, the judge, or justice of the peace, out of whose court the writ was issued, may, either in term time or in vacation, order the same to be sold, when it shall be made to appear that such property is in danger of serious and immediate waste or decay, or that the keeping of the same until the trial will necessarily be attended with such expense or deterioration in value as greatly to lessen the amount likely to be realized therefrom.
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Plain-English Summary

Rule 600 handles perishable attached property. When personal property that has been attached has not been claimed or replevied, the judge or justice of the peace whose court issued the writ may, in term time or vacation, order it sold — preventing the loss of value that comes from holding perishable goods through the litigation.

Frequently Asked Questions

What happens to perishable property that's been attached in Texas?

The court may order it sold under Rule 600 if it has not been claimed or replevied.

What has to be shown before a court orders attached property sold?

That the property is in danger of serious and immediate waste or decay, or that holding it until trial would cost so much, or lower its value so much, that the sale proceeds would shrink if the court waited.

Can the sale order be entered without a full trial?

Yes. Rule 600 lets the judge or justice of the peace enter the order in term time or in vacation, so protecting perishable property doesn't wait on a scheduled court session.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 600), 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: sale of perishable propertyattached perishable propertysale order for perishable attached goodsattachment sale before trialTRCP 600