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Texas Civil Practice & Remedies Code - Chapter 62 SequestrationLegal Research Home > Texas Lawyer > Civil Practice & Remedies Code > Texas Civil Practice & Remedies Code - Chapter 62 Sequestration A writ of sequestration is available to a plaintiff in a suit if: (1) the suit is for title or possession of personal property or ... A writ of sequestration may be issued at the initiation of a suit or at any time before final judgment. Acts 1985, 69th Leg., ch. ... A writ of sequestration may be issued for personal property under a mortgage or a lien even though the right of action on the mortgage ... A district or county court judge or a justice of the peace may issue writs of sequestration returnable to his court. Acts 1985, 69th Leg., ... The application for a writ of sequestration must be made under oath and must set forth: (1) the specific facts stating the nature of the ... (a) A writ of sequestration must prominently display the following statement on the face of the writ: YOU HAVE A RIGHT TO REGAIN POSSESSION OF ... (a) The defendant may seek dissolution of an issued writ of sequestration by filing a written motion with the court. (b) The right to seek ... Unless the parties agree to an extension, the court shall conduct a hearing on the motion and determine the issue not later than the 10th ... (a) Following the hearing, the writ must be dissolved unless the party who secured its issuance proves the specific facts alleged and the grounds relied ... (a) If a writ is dissolved, any action for damages for wrongful sequestration must be brought as a compulsory counterclaim. (b) In addition to damages, ... (a) If a writ that sought to sequester consumer goods is dissolved, the defendant or party in possession of the goods is entitled to reasonable ... (a) In a suit for enforcement of a mortgage or lien on property, a defendant who replevies the property is not required to account for ... (a) An officer who executes a writ of sequestration shall care for and manage in a prudent manner the sequestered property he retains in custody. ... (a) An officer who retains custody of sequestered property is entitled to just compensation and reasonable charges to be determined by the court that issued ... If an officer is required to expend money in the security, management, or care of sequestered property, he may retain possession of the property until ... Last modified: August 10, 2007 |