Rule 718.Property Delivered to Claimant
Last verified June 28, 2026
In one sentenceRule 718 lets a claimant who claims an interest in levied property seek to obtain possession of it by sworn written motion, pending the trial of the right of property, on giving the required bond.
Full Text of Rule 718
Any claimant who claims an interest in property on which a writ has been levied may, by sworn written motion, seek to obtain possession of such property. Such motion shall admit or deny each finding of the order directing the issuance of the writ except where the claimant is unable to admit or deny the finding, in which case claimant shall set forth the reasons why he cannot admit or deny. Such motion shall also contain the reasons why the claimant has superior right or title to the property claimed as against the plaintiff in the writ. 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 10 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 claimant shall have the burden to show superior right or title to the property claimed as against the plaintiff and defendant in the writ. The court's determination may be made upon the basis of affidavits, if uncontroverted, setting forth such facts as would be admissible in evidence, but additional evidence, if tendered by either party shall be received and considered. 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, 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 718 lets the claimant take possession. Any claimant who claims an interest in property on which a writ has been levied may, by sworn written motion, seek to obtain possession of it pending the trial of the right of property — on giving the bond the following rules require.
Frequently Asked Questions
Can a third-party claimant get possession of seized property in Texas?
Yes. Rule 718 lets the claimant seek possession by sworn motion, on giving a bond.
How soon is a Rule 718 motion heard?
Promptly — the court must decide it no later than ten days after filing, on reasonable notice to the plaintiff that may be less than three days.
Who has the burden of proof on a Rule 718 motion?
The claimant, who must show a superior right or title to the property against both the plaintiff and the defendant in the writ.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 718), 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: property delivered to claimantclaimant motion for possession of seized propertyhearing on claimant's right to propertyburden of proof claimant possession motionTRCP 718