Rule 713.Sale on Debt Not Due

Last verified June 28, 2026

In one sentenceRule 713 lets the court order a sale of sequestered property, even though the suit is for a debt not yet due, when the property is likely to be wasted or to deteriorate in value before the debt matures.

Full Text of Rule 713

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If the suit in which the sequestration issued be for a debt or demand not yet due, and the property sequestered be likely to be wasted, destroyed or greatly depreciated in value by keeping, the judge or justice of the peace shall, under the regulations hereinbefore provided, order the same to be sold, giving credit on such sale until such debt or demand shall become due.

End

Plain-English Summary

Rule 713 prevents loss when the debt is not yet due. If the suit in which the sequestration issued is for a debt or demand not yet due, and the sequestered property is likely to waste or deteriorate in value, the court must order it sold — preserving its value through the proceeds, which are held pending the judgment.

Frequently Asked Questions

Can sequestered property be sold before the debt is due in Texas?

Yes. Rule 713 allows a sale if the property would otherwise waste or deteriorate.

Does the buyer pay cash right away under a Rule 713 sale?

No. Rule 713 has the court give credit on the sale until the underlying debt or demand becomes due.

What must the court find before ordering an early sale under Rule 713?

That the sequestered property is likely to waste, be destroyed, or lose real value if it's kept until the debt matures.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 713), 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 on debt not due sequestrationselling perishable sequestered property earlysale before debt maturescredit sale sequestered propertyTRCP 713