Rule 611.Bond for Distress Warrant

Last amended January 1, 1981 · Last verified June 28, 2026

In one sentenceRule 611 bars a distress warrant from issuing before final judgment until the applicant files a bond with the justice of the peace, payable to the defendant in an amount the justice approves.

Full Text of Rule 611

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No distress warrant shall issue before final judgment until the party applying therefor has filed with the justice of the peace authorized to issue such warrant a bond payable to the defendant in an amount approved by the justice of the peace, with sufficient surety or sureties as provided by statute, conditioned that the plaintiff will prosecute his suit to effect and pay all damages and costs as may be adjudged against him for wrongfully suing out such warrant. After notice to the opposite party, either before or after the issuance of the warrant, the defendant or plaintiff may file a motion to increase or reduce the amount of such bond, or to question the sufficiency of the sureties thereon, in a court having jurisdiction of the subject matter. Upon hearing, the court shall enter its order with respect to such bond and sufficiency of the sureties.

End

Plain-English Summary

Rule 611 requires security for a distress warrant. No distress warrant issues before final judgment until the applicant files, with the justice of the peace authorized to issue it, a bond payable to the defendant in an amount the justice approves, with sufficient surety — protecting the tenant against a wrongful seizure.

Frequently Asked Questions

Do you need a bond for a distress warrant in Texas?

Yes. Rule 611 requires a bond payable to the defendant before the warrant issues.

Who sets the amount of a distress warrant bond?

The justice of the peace, when approving the application. Either side can later ask a court with jurisdiction to increase or reduce that amount, or to challenge the sureties, after giving the other side notice.

What does the distress warrant bond require the plaintiff to do?

Prosecute the suit to effect and pay any damages and costs a court awards against the plaintiff for wrongfully suing out the warrant.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 611), 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: bond for distress warrantdistress warrant bonddistress warrant bond amountchallenge distress warrant suretiesTRCP 611