§ 62.041.Motion for Dissolution; Stay

The defendant’s principal remedy, and each of its three subsections does something.

The defendant may seek dissolution of an issued writ of sequestration by filing a written motion with the court.

Nothing else is required. No bond, no deposit, no showing at the time of filing — a written motion opens the procedure.

That accessibility is the point. A defendant whose property has been taken may have no means to post a replevy bond, and a remedy conditioned on money would be no remedy for them.

The right to seek dissolution is cumulative of the right of replevy.

So the defendant need not choose. Property can be replevied to restore its use and the writ challenged at the same time, which matters where the property is a vehicle or a tool of trade.

The filing of a motion to dissolve stays proceedings under the writ until the issue is determined.

That stay is automatic and immediate. No order is needed and no showing is made; filing produces it.

Its practical effect is to freeze the seizure in place. The officer holds what has been taken and nothing further happens until the court rules — and the hearing must occur within ten days.

The three subsections together produce a fast and cheap route, which is what makes pre-judgment seizure on an ex parte application defensible.

The writ itself must tell the defendant this right exists, in prominent type, which is the connection between this section and the notice requirement.