§ 61.061.Attachment Lien
Title 3. Extraordinary Remedies · Chapter 61. Attachment · Subchapter D. Lien · Last amended 1985 · Last verified August 29, 2026
Full Text of § 61.061
Plain-English Summary
The lien, and its date is what gives attachment its value.
Unless quashed or vacated, an executed writ of attachment creates a lien from the date of levy on the real property attached, the personal property held by the attaching officer, and the proceeds of any attached personal property that may have been sold.
"From the date of levy" is the whole point of the remedy. The lien dates from the seizure rather than from the judgment, so it takes priority over interests arising in between.
Consider what that means in a contested collection. A plaintiff who attaches in March and obtains judgment two years later holds a lien ranking from March — ahead of every creditor who recorded or levied after that date.
Without the relation back, attachment would secure nothing. A defendant could grant a mortgage or confess a judgment to a friendly creditor the day after the writ was served.
Three categories of property are covered, matching the three ways attached assets are held. Land, goods in the officer’s hands, and money from goods already sold.
Including the proceeds closes the obvious gap. Perishable property is sold during the case, and a lien confined to the goods would end when they were converted.
The opening condition is a real one: "unless quashed or vacated". A writ set aside takes the lien with it, and the realty provision requires the court to file the order in the county records so the release is public.
Note that replevied property drops out of the list. Goods returned to the defendant on bond are no longer held by the officer, and the plaintiff’s security becomes the bond instead.
Frequently Asked Questions
When does an attachment lien arise?
From the date of levy, not from judgment — so it takes priority over interests arising afterwards.
What does the lien cover?
The real property attached, the personal property held by the officer, and the proceeds of attached personal property that has been sold.
What if the writ is quashed?
The lien falls with it.
Amendment History
- Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.