Texas Civil Practice And Remedies Code Title 3, Chapter 62 - Sequestration

SUBCHAPTER A AVAILABILITY OF REMEDY

• Texas Section 62.001 - Grounds
  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...
• Texas Section 62.002 - Pending Suit Required
  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....

SUBCHAPTER B ISSUANCE

• Texas Section 62.003 - Available For Claim Not Due
  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...
• Texas Section 62.021 - Who May Issue
  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.,...
• Texas Section 62.022 - Application
  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...

SUBCHAPTER C DISSOLUTION AND REPLEVY

• Texas Section 62.023 - Required Statement Of Rights
  (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...
• Texas Section 62.041 - Motion For Dissolution; Stay
  (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...
• Texas Section 62.042 - Hearing On Motion
  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...
• Texas Section 62.043 - Dissolution
  (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...
• Texas Section 62.044 - Compulsory Counterclaim For Wrongful Sequestration
  (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,...
• Texas Section 62.045 - Wrongful Sequestration Of Consumer Goods
  (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...

SUBCHAPTER D CARE AND MANAGEMENT OF SEQUESTERED PROPERTY

• Texas Section 62.046 - Liability For Fruit Of Replevied Property
  (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...
• Texas Section 62.061 - Officer's Liability And Duty Of Care
  (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....
• Texas Section 62.062 - Compensation Of Officer
  (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...
• Texas Section 62.063 - Indemnification Of Officer For Money Spent
  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: September 28, 2016