Rule 592a.Bond for Attachment

Last amended January 1, 1978 · Last verified June 28, 2026

In one sentenceRule 592a bars a writ of attachment from issuing until the applicant files a bond, payable to the defendant in the amount the court's order fixes, with sufficient sureties to cover the damages a wrongful attachment could cause.

Full Text of Rule 592a

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No writ of attachment shall issue until the party applying therefor has filed with the officer authorized to issue such writ a bond payable to the defendant in the amount fixed by the court's order, with sufficient surety or sureties as provided by statute to be approved by such officer, conditioned that the plaintiff will prosecute his suit to effect and pay to the extent of the penal amount of the bond all damages and costs as may be adjudged against him for wrongfully suing out such writ of attachment. After notice to the opposite party, either before or after the issuance of the writ, the defendant or plaintiff may file a motion to increase or reduce the amount of such bond, or to question the sufficiency of the sureties thereon, in the court in which such suit is pending. Upon hearing, the court shall enter its order with respect to such bond and sufficiency of the sureties.

End

Plain-English Summary

Rule 592a requires security before seizure. No writ of attachment issues until the applicant files, with the officer authorized to issue it, a bond payable to the defendant in the amount set by the court's order, with sufficient surety. The bond protects the defendant against the damages and costs of a wrongful attachment.

Frequently Asked Questions

Do you have to post a bond to attach property in Texas?

Yes. Rule 592a requires a bond payable to the defendant before the writ issues.

Can the amount of an attachment bond be changed after it's set?

Yes. After notice to the other side, either party may move to increase or reduce the bond, or to question the sureties' sufficiency. The court hears the motion and enters an order on the bond and the sureties.

What does an attachment bond cover?

It secures the damages and costs the defendant can recover if the attachment turns out to be wrongful, up to the bond's penal amount. The bond also binds the plaintiff to prosecute the suit to effect rather than let it drop.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 592a), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source

Also known as: bond for attachmentattachment bondmotion to increase attachment bondattachment bond amountTRCP 592a