Rule 649.Sale of Personal Property

Last verified June 28, 2026

In one sentenceRule 649 provides that personal property levied on under execution is offered for sale on the premises where it is taken, at the courthouse door, or at some other place if, owing to the nature of the property, it is more convenient to exhibit it to purchasers there.

Full Text of Rule 649

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Personal property levied on under execution shall be offered for sale on the premises where it is taken in execution, or at the courthouse door of the county, or at some other place if, owing to the nature of the property, it is more convenient to exhibit it to purchasers at such place. Personal property susceptible of being exhibited shall not be sold unless the same be present and subject to the view of those attending the sale, except shares of stock in joint stock or incorporated companies, and in cases where the defendant in execution has merely an interest without right to the exclusive possession in which case the interest of defendant may be sold and conveyed without the presence or delivery of the property. When a levy is made upon livestock running at large on the range, it is not necessary that such stock, or any part thereof, be present at the place of sale, and the purchaser at such sale is authorized to gather and pen such stock and select therefrom the number purchased by him.

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Plain-English Summary

Rule 649 sets where personal property is sold. Personal property levied on under execution is offered for sale on the premises where it was taken in execution, at the courthouse door of the county, or at some other place if, owing to the nature of the property, it is more convenient to exhibit it to purchasers there.

Frequently Asked Questions

Where is personal property sold under a Texas execution?

On the premises, at the courthouse door, or elsewhere if the nature of the property makes it more convenient to show buyers there (Rule 649).

Does personal property have to be physically present at an execution sale in Texas?

Generally yes. Rule 649 requires property capable of being exhibited to be present and viewable at the sale, with exceptions for stock shares and a defendant's bare interest without exclusive possession.

Do range cattle have to be brought to the sale location under Rule 649?

No. Rule 649 lets the purchaser gather and pen the livestock afterward and select the number purchased.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 649), 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: sale of personal property executionTRCP 649property must be present at salelivestock sale without penningexhibit personal property to purchasers