§ 34.075.Wrongful Levy

An exclusive-remedy rule for the third party whose goods were taken.

Where a distress warrant, writ of execution, sequestration, attachment, or other like writ is levied upon personal property and the property is claimed by any claimant who is not a party to the writ, the only remedy against a sheriff or constable for wrongful levy is by trial of right of property under the Texas Rules of Civil Procedure.

The situation is common and blameless on both sides. An officer levies on goods at the debtor’s premises that belong to somebody else — a lessor, a supplier, a spouse, a business partner.

Trial of right of property is a procedure designed for exactly this. The claimant asserts ownership, and the question of title is tried directly, which is faster than a tort action and produces the answer that matters: whose property it is.

"The only remedy" is the operative phrase. Conversion, trespass and negligence claims against the officer are unavailable, however the claim is framed.

The restriction protects the officer, and the reasoning is consistent with the rest of the chapter. An officer has no duty to determine whether property belongs to the debtor, so being sued in tort for getting that question wrong would contradict the duties provision.

Two limits on the section are worth noting. It applies to personal property, and it protects a sheriff or constable — it does not by its terms bar claims against the creditor who directed the levy.

The list of writs is deliberately wide, covering distress warrants, execution, sequestration, attachment or other like writ, so the rule does not depend on which process brought the officer to the door.