Rule 608.Dissolution or Modification of Writ of Attachment

Last verified June 28, 2026

In one sentenceRule 608 lets a defendant whose property is attached, or an intervening claimant, move by sworn written motion to vacate, dissolve, or modify the writ, with a prompt hearing and a decision within ten days after the motion is filed.

Full Text of Rule 608

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A defendant whose property has been attached or any intervening party who claims an interest in such property, may by sworn written motion, seek to vacate, dissolve, or modify the writ, and the order directing its issuance, for any grounds or cause, extrinsic or intrinsic. Such motion shall admit or deny each finding of the order directing the issuance of the writ except where the movant is unable to admit or deny the finding, in which case movant shall set forth the reasons why he cannot admit or deny. Unless the parties agree to an extension of time, the motion shall be heard promptly, after reasonable notice to the plaintiff (which may be less than three days), and the issue shall be determined not later than ten days after the motion is filed. The filing of the motion shall stay any further proceedings under the writ, except for any orders concerning the care, preservation, or sale of perishable property, until a hearing is had and the issue is determined. The writ shall be dissolved unless at such hearing, the plaintiff shall prove the grounds relied upon for its issuance, but the court may modify its previous order granting the writ and the writ issued pursuant thereto. The movant shall, however, have the burden to prove that the reasonable value of the property attached exceeds the amount necessary to secure the debt, interest for one year, and probable costs. He shall also have the burden to prove the facts to justify substitution of property. 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 may make all such orders, including orders concerning the care, preservation, or disposition of the property (or the proceeds therefrom if the same has been sold), as justice may require. If the movant has given a replevy bond, an order to vacate or dissolve the writ shall vacate the replevy bond and discharge the sureties thereon, and if the court modifies its order or the writ issued pursuant thereto, it shall make such further orders with respect to the bond as may be consistent with its modification.

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Plain-English Summary

Rule 608, a due-process safeguard added in 1978, gives the defendant a fast way to challenge the attachment. A defendant whose property has been attached, or an intervening party claiming an interest, may by sworn written motion seek to vacate, dissolve, or modify the writ and the order directing it, on any ground, extrinsic or intrinsic.

The motion is heard promptly after reasonable notice — which may be less than three days — and the issue must be decided no later than ten days after the motion is filed, unless extended by agreement. The plaintiff carries the burden to prove the grounds for the writ.

Frequently Asked Questions

How do you fight a writ of attachment in Texas?

File a sworn motion to vacate, dissolve, or modify it. Rule 608 requires a prompt hearing and a decision within ten days, with the plaintiff bearing the burden to justify the writ.

Does filing a motion to dissolve stop the attachment process right away?

Mostly, yes. Filing the motion stays further proceedings under the writ until the hearing and decision — except for orders about caring for, preserving, or selling perishable property, which can continue.

What must the plaintiff prove to keep the writ in place?

The grounds relied on for issuing it in the first place. Rule 608 puts that burden on the plaintiff at the hearing, and the writ is dissolved unless the plaintiff meets it — though the court can modify the writ instead of dissolving it if the proof supports that.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 608), 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: dissolution of writ of attachmentmotion to dissolve attachmentvacate attachmentTRCP 608