Rule 646.Forfeited Delivery Bond

Last verified June 28, 2026

In one sentenceRule 646 directs the officer, when property is not delivered under the delivery bond and its value is not paid, to indorse the bond "Forfeited" and return it to the court so the clerk or justice can issue execution against the principal debtor and the sureties for the amount due, not exceeding the stipulated value of the property.

Full Text of Rule 646

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In case of the non-delivery of the property according to the terms of the delivery bond, and non-payment of the value thereof, the officer shall forthwith indorse the bond “Forfeited” and return the same to the clerk of the court or the justice of the peace from which the execution issued; whereupon, if the judgment remain unsatisfied in whole or in part, the clerk or justice shall issue execution against the principal debtor and the sureties on the bond for the amount due, not exceeding the stipulated value of the property, upon which execution no delivery bond shall be taken, which instruction shall be indorsed by the clerk or justice on the execution.

End

Plain-English Summary

Rule 646 handles a broken delivery bond. If the property is not delivered according to the terms of the delivery bond, and its value is not paid, the officer must forthwith indorse the bond "Forfeited" and return it to the clerk — and the clerk or justice then issues execution against the defendant and the sureties on the bond for the amount due, capped at the property's stipulated value.

Frequently Asked Questions

What happens if a delivery bond is breached in Texas?

The officer indorses it "Forfeited," and the clerk or justice issues execution against the debtor and sureties for the amount due, not exceeding the stipulated value of the property (Rule 646).

Are the sureties on a delivery bond liable if it's forfeited in Texas?

Yes. Rule 646 lets the clerk or justice issue execution against both the principal debtor and the sureties on the bond for the amount due, not exceeding the stipulated value of the property.

Can a delivery bond be taken again on the new execution after forfeiture?

No. Rule 646 bars a delivery bond on the execution issued after forfeiture, and the clerk or justice indorses that instruction on the writ.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 646), 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: forfeited delivery bondTRCP 646bond forfeiture executionsureties liable delivery bondforfeited bond judgment against sureties