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Rule 664.Defendant May Replevy

Last amended January 1, 1978 · Last verified June 28, 2026

In one sentenceRule 664 lets the defendant, at any time before judgment, replevy garnished property — or its proceeds — by giving a bond payable to the plaintiff with sufficient surety, mirroring the attachment replevy rule.

Full Text of Rule 664

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At any time before judgment, should the garnished property not have been previously claimed or sold, the defendant may replevy the same, or any part thereof, or the proceeds from the sale of the property if it has been sold under order of the court, by giving bond with sufficient surety or sureties as provided by statute, to be approved by the officer who levied the writ, payable to plaintiff, in the amount fixed by the court's order, or, at the defendant's option, for the value of the property or indebtedness sought to be replevied (to be estimated by the officer), plus one year's interest thereon at the legal rate from the date of the bond, conditioned that the defendant, garnishee, shall satisfy, to the extent of the penal amount of the bond, any judgment which may be rendered against him in such action. On reasonable notice to the opposing party (which may be less than three days) either party shall have the right to prompt judicial review of the amount of bond required, denial of bond, sufficiency of sureties, and estimated value of the property, by the court which authorized issuance of the writ. The court's determination may be made upon the basis of affidavits, if uncontroverted, setting forth such facts as would be admissible in evidence; otherwise, the parties shall submit evidence. The court shall forthwith enter its order either approving or modifying the requirements of the officer or of the court's prior order, and such order of the court shall supersede and control with respect to such matters. On reasonable notice to the opposing party (which may be less than three days) the defendant shall have the right to move the court for a substitution of property, of equal value as that garnished, for the property garnished. Provided that there has been located sufficient property of the defendant's to satisfy the order of garnishment, the court may authorize substitution of one or more items of defendant's property for all or for part of the property garnished. The court shall first make findings as to the value of the property to be substituted. If property is substituted, the property released from garnishment shall be delivered to defendant, if such property is personal property, and all liens upon such property from the original order of garnishment or modification thereof shall be terminated. Garnishment of substituted property shall be deemed to have existed from date of garnishment on the original property garnished, and no property on which liens have become affixed since the date of garnishment of the original property may be substituted.
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Plain-English Summary

Rule 664 gives the defendant a way to recover garnished property. At any time before judgment, if the garnished property has not been claimed or sold, the defendant may replevy it, any part of it, or the proceeds, by giving a bond payable to the plaintiff with sufficient sureties as the statute provides — the garnishment counterpart to Rule 599.

Frequently Asked Questions

Can a defendant get garnished property back in Texas?

Yes. Rule 664 lets the defendant replevy it before judgment by posting a bond.

What does a Texas replevy bond have to cover?

Rule 664 requires the bond, payable to the plaintiff, to be in the amount the court's order fixes — or, at the defendant's option, the value of the property or debt plus a year's interest — and to promise the defendant will satisfy any judgment up to that amount.

Can a Texas defendant swap out the garnished property for something else?

Yes. Rule 664 lets the defendant move the court for substitution of property of equal value, provided enough of the defendant's property has been located to satisfy the garnishment.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 664), 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: defendant may replevy garnishmentreplevy garnished propertyreplevy bond garnishmentsubstitute property for garnishmentTRCP 664