Rule 679b.Personal Property Exemptions in Post-Judgment Proceedings

Last verified June 28, 2026

In one sentenceRule 679b gives an individual judgment debtor an expedited way to claim exemptions when post-judgment collection freezes or seizes personal property — requiring an exemption notice, suspending any sale, and providing a Protected Property Claim Form and a hearing.

Full Text of Rule 679b

Text sizeJump to: (a) (b) (c)

(a) Exemption Notice.

(1) Notice Required. If a post-judgment turnover order, order appointing a receiver under section 31.002 of the Civil Practice and Remedies Code, writ of garnishment, writ of execution, or other post-judgment order results in the freeze or seizure of personal property of an individual judgment debtor, the receiver or judgment creditor must serve the judgment debtor with the Notice of Protected Property Rights, the Instructions for Protected Property Claim Form, and the Protected Property Claim Form approved by the Supreme Court. Before service, the receiver or judgment creditor must fill in the case style and list the “Interested Persons to Notify” in the Protected Property Claim Form.

(2) Service Timing. The receiver or judgment creditor must serve the documents in (1) within three business days after the receiver or judgment creditor has notice that the judgment debtor’s property has been frozen or seized, whichever is first.

(3) Service Method. The documents in (1) must be served as provided in Rule 21a or Rule 501.4, as applicable.

(4) Repeat Service Not Required. Nothing in this rule requires the receiver or judgment creditor to serve the judgment debtor with the documents in (1) more than once.

(b) Suspension Period.

(1) General Rule. A receiver or officer must not sell the judgment debtor’s personal property or distribute proceeds to the judgment creditor within 14 days after service of the documents in (a)(1), or within 17 days if service was by mail.

(2) No Effect on Noticing Sale. Nothing in this rule prohibits a receiver or officer from noticing the sale of the judgment debtor’s personal property during the suspension period if the sale date is after the suspension period’s expiration.

(1) Hearing and Suspension Required. If the judgment debtor files a Protected Property Claim Form or another sworn document containing the same information:

(a) the court must hold a hearing on the exemption claim; and

(b) the receiver or officer must not sell the judgment debtor’s personal property or distribute its proceeds to the judgment creditor until the court determines the judgment debtor’s exemption claim.

(2) Hearing Notice. Each party is entitled to reasonable notice of the hearing.

(3) Burden of Proof. At the hearing, the judgment debtor must prove the exemption claim and the value of the personal property exempt. The judgment debtor may satisfy this burden through a sworn statement if the sworn statement is not challenged. A “sworn” statement is one that is signed before a notary or made under penalty of perjury. A signed Protected Property Claim Form is a “sworn” statement.

(4) Time for Determining Exemption Claim. The court must determine the judgment debtor’s exemption claim within 10 days after the judgment debtor files the exemption claim. The court may extend the time for determining the exemption claim on good cause shown.

(5) Release of Property. If the court determines that the judgment debtor’s personal property is exempt, the court must order its release within three business days.

End

Notes and Comments

2022 Comment: Rule 679b is a new rule implementing section 22.0042 of the Texas Government Code, which calls for expedited procedures that allow a judgment debtor to assert an exemption to the seizure of personal property by a judgment creditor or receiver appointed under section 31.002 of the Civil Practice and Remedies Code. Rule 306a, various rules in Part V, Rule 663a, and Rule 664a are also amended to implement section 22.0042 of the Texas Government Code.

Plain-English Summary

Rule 679b, a new rule adopted in 2022 under Government Code section 22.0042, protects an individual debtor's exempt property in collection. When a post-judgment turnover order, a receiver under section 31.002, a writ of garnishment, a writ of execution, or another post-judgment order freezes or seizes an individual judgment debtor's personal property, the receiver or judgment creditor must serve the debtor with the Supreme Court's Notice of Protected Property Rights, the instructions, and a Protected Property Claim Form, as provided in Rule 21a or Rule 501.4.

During a suspension period the property must not be sold. If the debtor files the Protected Property Claim Form, the court must hold a hearing and determine the exemption — so exempt property is not sold before the debtor can assert it.

Frequently Asked Questions

How does a judgment debtor claim exempt property in Texas collection?

Under Rule 679b, the creditor must serve a Protected Property Claim Form; the debtor files it, the sale is suspended, and the court holds a hearing to decide the exemption.

How fast must a Texas creditor serve the exemption notice after freezing property?

Rule 679b requires service within three business days after the receiver or judgment creditor learns the property has been frozen or seized.

What happens after a Texas court finds the debtor's property is exempt?

Rule 679b requires the court to order the property released within three business days of that determination.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 679b), 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: personal property exemptions post-judgmentprotected property claim formexemption hearingTRCP 679b