RulesofCivilProcedure.com Civil Procedure · Every State

§ 62.001.Grounds

Title 3. Extraordinary Remedies · Chapter 62. Sequestration · Subchapter A. Availability of Remedy · Last amended 1985 · Last verified August 29, 2026

In one sentenceSection 62.001 makes sequestration available in four situations, each involving a suit over property and a danger that the property will be damaged, disposed of, or removed.

Full Text of § 62.001

Text size

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 fixtures or for foreclosure or enforcement of a mortgage, lien, or security interest on personal property or fixtures and a reasonable conclusion may be drawn that there is immediate danger that the defendant or the party in possession of the property will conceal, dispose of, ill-treat, waste, or destroy the property or remove it from the county during the suit;
(2)the suit is for title or possession of real property or for foreclosure or enforcement of a mortgage or lien on real property and a reasonable conclusion may be drawn that there is immediate danger that the defendant or the party in possession of the property will use his possession to injure or ill-treat the property or waste or convert to his own use the timber, rents, fruits, or revenue of the property;
(3)the suit is for the title or possession of property from which the plaintiff has been ejected by force or violence; or
(4)the suit is to try the title to real property, to remove a cloud from the title of real property, to foreclose a lien on real property, or to partition real property and the plaintiff makes an oath that one or more of the defendants is a nonresident of this state.
End

Plain-English Summary

The grounds, and what distinguishes them from attachment is the subject of the suit.

Attachment secures a debt by seizing any property; sequestration holds the property the suit is about. That difference runs through the whole chapter.

The first ground covers personal property and fixtures. The suit must be for title or possession, or for foreclosure or enforcement of a mortgage, lien, or security interest, and a reasonable conclusion may be drawn that there is immediate danger that the defendant or party in possession will conceal, dispose of, ill-treat, waste, or destroy the property or remove it from the county.

"A reasonable conclusion may be drawn" is a lower threshold than proof, and "immediate danger" is what confines it.

The second ground covers real property, with a different catalogue of harm: that the possessor will use his possession to injure or ill-treat the property or waste or convert to his own use the timber, rents, fruits, or revenue.

Land cannot be removed, so the danger is different in kind — stripping timber, taking rents, letting a building decay.

The third ground needs no showing of danger at all: the suit is for title or possession of property from which the plaintiff has been ejected by force or violence.

Forcible ejection speaks for itself, and the chapter treats it as its own justification.

The fourth is about the defendant rather than the property: a suit to try title, remove a cloud, foreclose a lien, or partition real property where the plaintiff makes an oath that one or more defendants is a nonresident.

That mirrors the attachment chapter’s treatment of non-residence, and rests on the same concern about a defendant beyond easy reach.

Frequently Asked Questions

What is sequestration for?

To hold the property a lawsuit is about, where there is immediate danger it will be concealed, damaged, wasted or removed during the suit.

How is it different from attachment?

Attachment seizes any property to secure a debt. Sequestration holds the specific property in dispute.

Is a showing of danger always needed?

No. Where the plaintiff was ejected by force or violence, or a defendant is a nonresident in certain title suits, no danger need be shown.

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