Last amended January 1, 1978 · Last verified June 28, 2026
In one sentenceRule 698 bars a writ of sequestration from issuing until the applicant files a bond, payable to the defendant in the amount the court's order fixes, conditioned to prosecute the suit and pay the damages and costs of a wrongful sequestration.
Full Text of Rule 698
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No writ of sequestration shall issue until the party applying therefor has filed with the officer authorized to issue such writ a bond payable to the defendant in the amount fixed by the court's order, with sufficient surety or sureties as provided by statute to be approved by such officer, conditioned that the plaintiff will prosecute his suit to effect and pay to the extent of the penal amount of the bond all damages and costs as may be adjudged against him for wrongfully suing out such writ of sequestration, and plaintiff may further condition the bond pursuant to the provisions of Rule 708, in which case he shall not be required to give additional bond to replevy unless so ordered by the court. After notice to the opposite party, either before or after the issuance of the writ, the defendant or plaintiff may file a motion to increase or reduce the amount of such bond, or to question the sufficiency of the sureties thereon, in the court in which such suit is pending. Upon hearing, the court shall enter its order with respect to such bond and sufficiency of the sureties as justice may require.
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Plain-English Summary
Rule 698 requires security before seizure. No writ of sequestration issues until the applicant files a bond payable to the defendant in the amount fixed by the court's order, with sufficient surety, conditioned that the plaintiff will prosecute the suit and pay the damages and costs adjudged for wrongfully suing out the writ. The plaintiff may also condition the bond under Rule 708.
After notice, either the defendant or the plaintiff may move to increase or reduce the bond, or to question the sufficiency of the sureties, and the court enters an order on the bond as justice requires.
Frequently Asked Questions
How much is a sequestration bond in Texas?
The amount the court's order fixes; under Rule 698 either party may move to increase or reduce it.
Where do you file the sequestration bond in Texas?
With the officer authorized to issue the writ, per Rule 698.
Can a Texas plaintiff avoid posting a second bond to replevy sequestered property?
Yes. Rule 698 lets the plaintiff condition the original bond under Rule 708, so no additional bond to replevy is required unless the court orders one.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 698), 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:bond for sequestrationsequestration bondfiling sequestration bond with officerTRCP 698