Rule 612.Requisites for Warrant

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

In one sentenceRule 612 requires a distress warrant to be directed to a sheriff or constable and to command the officer to attach and hold, subject to the court's further orders, enough of the defendant's property to satisfy the demand.

Full Text of Rule 612

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A distress warrant shall be directed to the sheriff or any constable within the State of Texas. It shall command him to attach and hold, unless replevied, subject to the further orders of the court having jurisdiction, so much of the property of the defendant, not exempt by statute, of reasonable value in approximately the amount fixed by the justice of the peace, as shall be found within his county.

End

Plain-English Summary

Rule 612 sets the warrant's contents. A distress warrant is directed to the sheriff or any constable in Texas. It commands the officer to attach and hold — unless replevied — subject to the further orders of the court having jurisdiction, so much of the defendant's property of reasonable value in approximately the amount fixed by the justice of the peace.

Frequently Asked Questions

What does a Texas distress warrant command?

It directs a sheriff or constable to attach and hold enough of the tenant's property to satisfy the rent claim (Rule 612).

Can exempt property be seized under a distress warrant?

No. Rule 612 limits the warrant to property that isn't exempt by statute, the same protection exempt property gets from other collection remedies.

Who fixes the value of property a distress warrant can reach?

The justice of the peace sets the approximate amount in the warrant, and the officer is limited to property of reasonable value near that figure, found within the officer's county.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 612), 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: requisites for distress warrantdistress warrant contentsexempt property distress warrantvalue of property seized distress warrantTRCP 612