Rule 628.Execution Within Thirty Days

Last amended April 1, 1984 · Last verified June 28, 2026

In one sentenceRule 628 lets execution issue before the thirtieth day on the plaintiff's affidavit that the defendant is about to remove or secrete personal property to defraud creditors.

Full Text of Rule 628

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Such execution may be issued at any time before the thirtieth day upon the filing of an affidavit by the plaintiff in the judgment or his agent or attorney that the defendant is about to remove his personal property subject to execution by law out of the county, or is about to transfer or secrete such personal property for the purpose of defrauding his creditors.

End

Plain-English Summary

Rule 628 is an early-execution exception. Execution may issue at any time before the thirtieth day on the filing of an affidavit by the plaintiff, or the plaintiff's agent or attorney, that the defendant is about to remove personal property subject to execution out of the county, or to transfer or secrete it to defraud creditors.

Frequently Asked Questions

Can you get an execution before the 30-day wait in Texas?

Yes. Rule 628 allows it on an affidavit that the defendant is about to remove or hide property to defraud creditors.

Who can sign the affidavit for early execution under Rule 628?

The plaintiff in the judgment, or the plaintiff's agent or attorney.

What must the Rule 628 affidavit say?

That the defendant is about to move personal property subject to execution out of the county, or is about to transfer or secrete it to defraud creditors.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 628), 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: execution within thirty daysearly executionaffidavit early executionremoving property to defraud creditorsTRCP 628