Rule 702.Bond for Personal Property

Last verified June 28, 2026

In one sentenceRule 702 sets the condition of a defendant's bond to replevy sequestered personal property — that the defendant will not remove it from the county and will have it forthcoming to satisfy the judgment.

Full Text of Rule 702

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If the property to be replevied be personal property, the condition of the bond shall be that the defendant will not remove the same out of the county, or that he will not waste, ill-treat, injure, destroy, or dispose of the same, according to the plaintiff's affidavit, and that he will have such property, in the same condition as when it is replevied, together with the value of the fruits, hire or revenue thereof, forthcoming to abide the decision of the court, or that he will pay the value thereof, or the difference between its value at the time of replevy and the time of judgment and of the fruits, hire or revenue of the same in case he shall be condemned to do so.

End

Plain-English Summary

Rule 702 governs replevying personal property. If the property to be replevied is personal property, the condition of the bond is that the defendant will not remove it out of the county, or waste it, and will have it forthcoming to abide the court's decision — or pay its value, with damages, if the defendant is found not entitled to it.

Frequently Asked Questions

What does a sequestration replevy bond for personal property require in Texas?

That the defendant not remove the property from the county and have it available to satisfy the judgment (Rule 702).

What if replevied personal property loses value before judgment in Texas?

The bond covers the gap. Under Rule 702, the defendant may owe the difference between the property's value at the time of replevy and its value at judgment, along with any fruits, hire, or revenue.

Does a Texas sequestration replevy bond cover income the property earns?

Yes. Rule 702 has the bond cover the value of the property's fruits, hire, or revenue while it is in the defendant's hands.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 702), 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 personal property sequestrationreplevy bond personal propertyfruits hire revenue bondTRCP 702