Rule 712a.Dissolution or Modification of Writ of Sequestration

Last verified June 28, 2026

In one sentenceRule 712a lets a defendant whose property has been sequestered, or an intervening claimant, move by sworn written motion to vacate, dissolve, or modify the writ, with a prompt hearing — the sequestration counterpart to Rule 608.

Full Text of Rule 712a

Text size

A defendant whose property has been sequestered or any intervening party who claims an interest in such property, may by sworn written motion, seek to vacate, dissolve, or modify the writ and the order directing its issuance, for any grounds or cause, extrinsic or intrinsic, including a motion to reduce the amount of property sequestered when the total amount described and authorized by such order exceeds the amount necessary to secure the plaintiff's claim, one year's interest if allowed by law on the claim, and costs. Such motion shall admit or deny each finding of the order directing the issuance of the writ except where the movant is unable to admit or deny the finding, in which case movant shall set forth the reasons why he cannot admit or deny. Unless the parties agree to an extension of time, the motion shall be heard promptly, after reasonable notice to the plaintiff (which may be less than three days), and the issue shall be determined not later than ten days after the motion is filed. The filing of the motion shall stay any further proceedings under the writ, except for any orders concerning the care, preservation, or sale of any perishable property, until a hearing is had, and the issue is determined. The writ shall be dissolved unless, at such hearing, the plaintiff shall prove the grounds relied upon for its issuance, but the court may modify its previous order granting the writ and the writ issued pursuant thereto. The movant shall, however, have the burden to prove that the reasonable value of the property sequestered exceeds the amount necessary to secure the debt, interest for one year, and probable costs. 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 may make all such orders, including orders concerning the care, preservation, or disposition of the property (or the proceeds therefrom if the same has been sold) as justice may require. If the movant has given a replevy bond, an order to vacate or dissolve the writ shall vacate the replevy bond and discharge the sureties thereon, and if the court modifies its order or the writ issued pursuant thereto, it shall make such further orders with respect to the bond as may be consistent with its modification.

End

Plain-English Summary

Rule 712a, a due-process safeguard added in 1978, lets the defendant challenge a sequestration. A defendant whose property has been sequestered, or an intervening party claiming an interest, may by sworn written motion seek to vacate, dissolve, or modify the writ and the order directing it, on any ground. The motion is heard promptly, and the plaintiff bears the burden to prove the grounds for the writ — paralleling Rule 608 for attachment.

Frequently Asked Questions

How do you fight a sequestration in Texas?

File a sworn motion to vacate, dissolve, or modify it. Rule 712a requires a prompt hearing, with the plaintiff bearing the burden to justify the writ.

How fast is a Rule 712a hearing held?

The court must decide the motion no later than ten days after it's filed, and the plaintiff can be given less than three days' notice of the hearing.

Does filing a Rule 712a motion stop the sequestration right away?

It stays further proceedings under the writ until the hearing, except for orders needed to care for, preserve, or sell perishable property.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 712a), 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: dissolution of writ of sequestrationmotion to dissolve sequestrationreduce amount of sequestered propertyhearing to challenge sequestration writTRCP 712a