Rule 643.Levy on Goods Pledged or Mortgaged

Last verified June 28, 2026

In one sentenceRule 643 lets goods and chattels pledged, assigned, or mortgaged as security be levied on and sold under execution against the person who made the pledge, assignment, or mortgage.

Full Text of Rule 643

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Goods and chattels pledged, assigned or mortgaged as security for any debt or contract, may be levied upon and sold on execution against the person making the pledge, assignment or mortgage subject thereto; and the purchaser shall be entitled to the possession when it is held by the pledgee, assignee or mortgagee, on complying with the conditions of the pledge, assignment or mortgage.

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Plain-English Summary

Rule 643 reaches encumbered goods. Goods and chattels that have been pledged, assigned, or mortgaged as security for a debt or contract may be levied on and sold on execution against the person who made the pledge, assignment, or mortgage, subject to the secured party's rights.

Frequently Asked Questions

Can pledged or mortgaged property be levied on in Texas?

Yes. Rule 643 allows it on execution against the person who pledged or mortgaged it.

Who gets possession of pledged goods after an execution sale in Texas?

Rule 643 lets the purchaser take possession from the pledgee, assignee, or mortgagee once the purchaser complies with the conditions of the pledge, assignment, or mortgage.

Can a creditor levy on goods the debtor pledged to someone else?

Yes. Rule 643 allows the levy and sale, subject to the rights of the pledgee, assignee, or mortgagee holding the goods.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 643), 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 on goods pledged or mortgagedencumbered property executionTRCP 643levy on pledged goodspurchaser rights pledged property