Rule 614.Defendant May Replevy
Last amended January 1, 1981 · Last verified June 28, 2026
In one sentenceRule 614 lets the defendant, at any time before judgment, replevy property seized under a distress warrant — or its sale proceeds — by giving a bond with sufficient surety, mirroring the attachment replevy rule.
Full Text of Rule 614
At any time before judgment, should the seized 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 a court having jurisdiction of the amount in controversy payable to plaintiff in double the amount of the plaintiff's debt, or, at the defendant's option for not less than the value of the property sought to be replevied, 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 a court having jurisdiction of the amount in controversy. 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 order of the justice of the peace, 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 seized. Provided that there has been located sufficient property of the defendant's to satisfy the order of seizure, the court may authorize substitution of one or more items of defendant's property for all or part of the property seized. The court shall first make findings as to the value of the property to be substituted. If property is substituted, the property released from seizure shall be delivered to defendant, if such property is personal property, and all liens upon such property from the original order of seizure or modification thereof shall be terminated. Seizure of substituted property shall be deemed to have existed from the date of levy on the original property seized, 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 614 gives a tenant whose property was seized under a distress warrant a way to recover it. At any time before judgment, if the seized property has not been claimed or sold, the defendant may replevy it, any part of it, or the proceeds if it was sold, by giving a bond with sufficient sureties as the statute provides — the distress-warrant counterpart to Rule 599.
Frequently Asked Questions
Can a tenant get back property seized under a distress warrant in Texas?
Yes. Rule 614 lets the defendant replevy it before judgment by posting a bond.
How big does a Rule 614 replevy bond have to be?
Double the plaintiff's debt, or, at the defendant's choice, the property's value plus one year's interest at the legal rate from the bond's date.
Can a defendant get seized property back without posting a bond?
Sometimes. Rule 614 lets the defendant ask the court to substitute other property of equal value for what was seized, instead of replevying it with a bond.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 614), 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 replevy distressreplevy seized propertydistress warrant bondreplevy bond amountTRCP 614