Rule 637.Levy of Execution

Last verified June 28, 2026

In one sentenceRule 637 requires the officer to whom an execution is delivered to proceed without delay to levy it on the defendant's property found within the officer's county that is not exempt from execution.

Full Text of Rule 637

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When an execution is delivered to an officer he shall proceed without delay to levy the same upon the property of the defendant found within his county not exempt from execution, unless otherwise directed by the plaintiff, his agent or attorney. The officer shall first call upon the defendant, if he can be found, or, if absent, upon his agent within the county, if known, to point out property to be levied upon, and the levy shall first be made upon the property designated by the defendant, or his agent. If in the opinion of the officer the property so designated will not sell for enough to satisfy the execution and costs of sale, he shall require an additional designation by the defendant. If no property be thus designated by the defendant, the officer shall levy the execution upon any property of the defendant subject to execution.

End

Plain-English Summary

Rule 637 starts the levy. When an execution is delivered to an officer, the officer must proceed without delay to levy it on the defendant's property found within the county that is not exempt from execution — unless the plaintiff, the plaintiff's agent, or attorney directs otherwise.

Frequently Asked Questions

What does an officer do with a writ of execution in Texas?

Levy without delay on the defendant's non-exempt property in the county (Rule 637).

Does the defendant get to pick which property is levied on first in Texas?

Yes, within limits. Rule 637 has the officer call on the defendant or the defendant's agent first, and the levy goes on the property the defendant points out — unless it won't sell for enough to satisfy the execution and costs.

What happens if the defendant doesn't point out any property for the levy?

The officer levies on any of the defendant's property subject to execution, Rule 637 provides, without waiting further on the defendant's designation.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 637), 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: levy of executionofficer levyTRCP 637defendant points out property for levylevy without delay