Rule 602.Bond of Applicant for Sale

Last verified June 28, 2026

In one sentenceRule 602 requires a person other than the defendant who applies for an order selling attached property to file a bond before the court grants the order, protecting the defendant if the sale proves wrongful.

Full Text of Rule 602

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If the application for an order of sale be filed by any person or party other than the defendant from whose possession the property was taken by levy, the court shall not grant such order unless the applicant shall file with such court a bond payable to such defendant, with two or more good and sufficient sureties, to be approved by said court, conditioned that they will be responsible to the defendant for such damages as he may sustain in case such sale be illegally and unjustly applied for, or be illegally and unjustly made.

End

Plain-English Summary

Rule 602 protects the defendant when someone else seeks a sale. If the application for an order of sale is filed by anyone other than the defendant from whose possession the property was taken, the court must not grant the order unless that applicant files a bond — securing the defendant against loss if the sale was improper.

Frequently Asked Questions

Who has to post a bond to sell attached property in Texas?

Anyone other than the defendant who applies for the sale must file a bond before the order is granted (Rule 602).

Why does a third party need a bond to sell attached property but the defendant doesn't?

Rule 602 targets applications from someone other than the defendant who had possession of the property. A bond protects that defendant against an unjust or illegal sale sought by someone else with an interest in the property.

How many sureties does the sale bond need?

At least two, and the court must approve them. The bond conditions them to answer for the defendant's damages if the sale, or the application for it, turns out to be illegal or unjust.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 602), 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 of applicant for salesale bond attachmentthird party sale bond attachmentbond to sell attached propertyTRCP 602