RulesofCivilProcedure.com Civil Procedure · Every State

§ 61.002.Specific Grounds

Title 3. Extraordinary Remedies · Chapter 61. Attachment · Subchapter A. Availability of Remedy · Last amended 1985 · Last verified August 29, 2026

In one sentenceSection 61.002 lists nine specific grounds, each describing a defendant who is absent, hiding, or moving property beyond a creditor’s reach.

Full Text of § 61.002

Text size

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)the defendant is about to move from this state permanently and has refused to pay or secure the debt due the plaintiff;
(3)the defendant is in hiding so that ordinary process of law cannot be served on him;
(4)the defendant has hidden or is about to hide his property for the purpose of defrauding his creditors;
(5)the defendant is about to remove his property from this state without leaving an amount sufficient to pay his debts;
(6)the defendant is about to remove all or part of his property from the county in which the suit is brought with the intent to defraud his creditors;
(7)the defendant has disposed of or is about to dispose of all or part of his property with the intent to defraud his creditors;
(8)the defendant is about to convert all or part of his property into money for the purpose of placing it beyond the reach of his creditors; or
(9)the defendant owes the plaintiff for property obtained by the defendant under false pretenses.
End

Plain-English Summary

The nine grounds, and they fall into three groups.

Absence from the jurisdiction. The defendant is not a resident of this state or is a foreign corporation or is acting as such; or is about to move from this state permanently and has refused to pay or secure the debt; or is in hiding so that ordinary process of law cannot be served.

The first of those is the widest. Non-residence alone satisfies it — no fraud, no concealment, nothing more than being from somewhere else.

Concealment or removal of property. The defendant has hidden or is about to hide property to defraud creditors; is about to remove property from this state without leaving enough to pay debts; or is about to remove property from the county with intent to defraud creditors.

Note the difference between the last two. Removal from the state requires only that insufficient property be left behind; removal from the county requires intent to defraud.

Disposal or conversion. The defendant has disposed of or is about to dispose of property with intent to defraud creditors, or is about to convert property into money to place it beyond the reach of creditors.

Converting property to money is treated as a ground in itself, because money is the asset a creditor can least readily follow.

The ninth ground stands apart: the defendant owes the plaintiff for property obtained under false pretenses.

That one describes the origin of the debt rather than the defendant’s current conduct, and it is the only ground that does. A debt incurred by deception supports attachment without any showing that the defendant is moving assets.

Seven of the nine are forward-looking — "about to" — so a plaintiff is proving an intention rather than an act, which is why the general grounds and the bond matter as much as they do.

Frequently Asked Questions

What grounds support attachment?

Non-residence, imminent departure, hiding from process, concealing or removing property, disposing of it to defraud creditors, converting it to money, or a debt for property obtained under false pretenses.

Is being a non-resident enough?

It satisfies the specific ground, but the general grounds must also be met — including probable loss of the debt.

Must the conduct have happened already?

Most grounds are forward-looking, reaching what the defendant is about to do.

Amendment History

  • Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source