Rule 710.Sale of Perishable Goods

Last verified June 28, 2026

In one sentenceRule 710 makes it the duty of the judge or justice of the peace, after ten days from the levy of a writ of sequestration with no replevy, to order the sale of sequestered perishable goods on the application of the plaintiff or defendant, to preserve their value.

Full Text of Rule 710

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If after the expiration of ten days from the levy of a writ of sequestration the defendant has failed to replevy the same, if the plaintiff or defendant shall make affidavit in writing that the property levied upon, or any portion thereof, is likely to be wasted or destroyed or greatly depreciated in value by keeping, and if the officer having possession of such property shall certify to the truth of such affidavit, it shall be the duty of the judge or justice of the peace to whose court the writ is returnable, upon the presentation of such affidavit and certificate, either in term time or vacation, to order the sale of said property or so much thereof as is likely to be so wasted, destroyed or depreciated in value by keeping, but either party may replevy the property at any time before such sale.

End

Plain-English Summary

Rule 710 prevents the loss of perishable property. If, after the expiration of ten days from the levy of a writ of sequestration, the defendant has failed to replevy the property, it shall be the duty of the judge or justice of the peace — on the application of either the plaintiff or the defendant — to order the sale of sequestered perishable goods, so their value is preserved through the proceeds rather than lost.

Frequently Asked Questions

What happens to perishable sequestered property in Texas?

After ten days without replevy, the judge or justice of the peace must order it sold on either party's application (Rule 710).

What proof is needed to sell perishable sequestered property early in Texas?

A written affidavit from the plaintiff or defendant that the property is likely to waste, be destroyed, or depreciate, along with the officer's certification that the affidavit is true (Rule 710).

Can perishable property still be replevied after a Texas court orders it sold?

Yes. Rule 710 lets either party replevy the property any time before the sale takes place.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 710), 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 perishable goods sequestrationperishable sequestered propertyaffidavit for sale of perishable propertyTRCP 710