Texas Civil Practice And Remedies Code Title 3, Chapter 61 - Attachment

SUBCHAPTER A AVAILABILITY OF REMEDY

• Texas Section 61.001 - General Grounds
  A writ of original attachment is available to a plaintiff in a suit if: (1) the defendant is justly indebted to the plaintiff; (2) the...
• Texas Section 61.002 - Specific Grounds
  Attachment is available if: (1) the defendant is not a resident of this state or is a foreign corporation or is acting as such; (2)...
• Texas Section 61.0021 - Grounds For Attachment In Suit For Sexual Assault
  (a) Notwithstanding any other provision of this code, attachment is available to a plaintiff who: (1) has general grounds for issuance under Sections 61.001(2) and...
• Texas Section 61.003 - Pending Suit Required
  A writ of attachment may be issued in a proper case at the initiation of a suit or at any time during the progress of...
• Texas Section 61.004 - Available For Debt Not Due
  A writ of attachment may be issued even though the plaintiff's debt or demand is not due. The proceedings relating to the writ shall be...

SUBCHAPTER B ISSUANCE

• Texas Section 61.005 - Certain Torts And Unliquidated Demands
  Nothing in this chapter prevents issuance of a writ of attachment in a suit founded in tort or on an unliquidated demand against an individual,...
• Texas Section 61.021 - Who May Issue
  The judge or clerk of a district or county court or a justice of the peace may issue a writ of original attachment returnable to...
• Texas Section 61.022 - Affidavit
  (a) Except as provided by Subsection (a-1), to apply for a writ of attachment, a plaintiff or the plaintiff's agent or attorney must file with...

SUBCHAPTER C LEVY

• Texas Section 61.023 - Bond
  (a) Before a writ of attachment may be issued, the plaintiff must execute a bond that: (1) has two or more good and sufficient sureties;...
• Texas Section 61.041 - Subject Property
  A writ of attachment may be levied only on property that by law is subject to levy under a writ of execution. Acts 1985, 69th...
• Texas Section 61.042 - Attachment Of Personalty
  The officer attaching personal property shall retain possession until final judgment unless the property is: (1) replevied; (2) sold as provided by law; or (3)...
• Texas Section 61.043 - Attachment Of Realty
  (a) To attach real property, the officer levying the writ shall immediately file a copy of the writ and the applicable part of the return...
• Texas Section 61.044 - Claim On Attached Personalty By Third Party
  A person other than the defendant may claim attached personal property by making an affidavit and giving bond in the manner provided by law for...

SUBCHAPTER D LIEN

• Texas Section 61.045 - Attachment Of Personalty Held By Financial Institution
  Service of a writ of attachment on a financial institution relating to personal property held by the financial institution in the name of or on...
• Texas Section 61.061 - Attachment Lien
  Unless quashed or vacated, an executed writ of attachment creates a lien from the date of levy on the real property attached, on the personal...
• Texas Section 61.062 - Judgment And Foreclosure
  (a) If the plaintiff recovers in the suit, the attachment lien is foreclosed as in the case of other liens. The court shall direct proceeds...

SUBCHAPTER E WORKS OF FINE ART

• Texas Section 61.063 - Judgment On Replevied Property
  A judgment against a defendant who has replevied attached personal property shall be against the defendant and his sureties on the replevy bond for the...
• Texas Section 61.081 - Exemption When en Route To Or In An Exhibition
  (a) Subject to the limitations of this section, a court may not issue and a person may not serve any process of attachment, execution, sequestration,...
• Texas Section 61.082 - Handling And Transportation
  A court may not issue any process of attachment, execution, sequestration, replevin, or distress or of any kind of seizure, levy, or sale on a...

Last modified: September 28, 2016