Rule 721.Out-County Levy

Last verified June 28, 2026

In one sentenceRule 721 provides that when the levy is made in a county other than where the writ issued, the claimant's bond and the proceedings are returned to and tried in a court of the county where the levy was made.

Full Text of Rule 721

Text size

Whenever any person shall claim property and shall make the application and give the bond as provided for herein, if the writ under which such levy was made was issued by a justice of the peace or a court of another county than that in which such levy was made, then the officer receiving such bond shall endorse on such bond the value of the property as assessed by himself, and shall forthwith return such bond with a copy of the writ, to the property court having jurisdiction to try such claim.

End

Plain-English Summary

Rule 721 fixes venue for an out-county claim. When a person claims property and gives the bond, if the levy was made in a county other than the one where the writ issued, the bond and proceedings are returned to a court of the county where the levy was made, which tries the right of property.

Frequently Asked Questions

Where is a property claim tried if the property was seized in another county in Texas?

In a court of the county where the levy was made (Rule 721).

What must the officer do with the bond under Rule 721?

Assess and endorse the property's value on the bond, then return the bond with a copy of the writ to the proper court in the county of the levy.

How is Rule 721 different from Rule 720?

Rule 720 covers a levy in the county where the writ issued; Rule 721 covers a levy made in a different county.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 721), 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: out-county levy trial of right of propertylevy made in different county from writproperty claim across county lineswhich court hears out-of-county claimTRCP 721