Rule 610.Application for Distress Warrant and Order

Last amended January 1, 1981 · Last verified June 28, 2026

In one sentenceRule 610 lets a landlord, at the start of or during a suit, apply to the justice of the peace for a distress warrant, supported by affidavits and including a statement that the amount sued for is rent or advances.

Full Text of Rule 610

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Either at the commencement of a suit or at any time during its progress the plaintiff may file an application for the issuance of a distress warrant with the justice of the peace. Such application may be supported by affidavits of the plaintiff, his agent, his attorney, or other persons having knowledge of relevant facts, but shall include a statement that the amount sued for is rent, or advances prescribed by statute, or shall produce a writing signed by the tenant to that effect, and shall further swear that such warrant is not sued out for the purpose of vexing and harassing the defendant. The application shall comply with all statutory requirements and shall state the grounds for issuing the warrant and the specific facts relied upon by the plaintiff to warrant the required findings by the justice of the peace. The warrant shall not be quashed because two or more grounds are stated conjunctively or disjunctively. The application and any affidavits shall be made on personal knowledge and shall set forth such facts as would be admissible in evidence provided that facts may be stated based upon information and belief if the grounds of such belief are specifically stated. No warrant shall issue before final judgment except on written order of the justice of the peace after a hearing, which may be ex parte. Such warrant shall be made returnable to a court having jurisdiction of the amount in controversy. The justice of the peace in his order granting the application shall make specific findings of fact to support the statutory grounds found to exist, and shall specify the maximum value of property that may be seized, and the amount of bond required of plaintiff, and, further shall command that property be kept safe and preserved subject to further orders of the court having jurisdiction. Such bond shall be in an amount which, in the opinion of the court, shall adequately compensate defendant in the event plaintiff fails to prosecute his suit to effect, and pay all damages and costs as shall be adjudged against him for wrongfully suing out the warrant. The justice of the peace shall further find in his order the amount of bond required to replevy, which, unless the defendant chooses to exercise his option as provided in Rule 614, shall be the amount of plaintiff's claim, one year's accrual of interest if allowed by law on the claim, and the estimated costs of court. The order may direct the issuance of several warrants at the same time, or in succession, to be sent to different counties.

End

Plain-English Summary

Rule 610 opens the distress-warrant remedy — a landlord's tool to secure unpaid rent. At the commencement of a suit or during its progress, the plaintiff may apply to the justice of the peace for a distress warrant. The application may be supported by affidavits and must include a statement that the amount sued for is rent or advances. Like attachment, the distress-warrant rules were rewritten for due process, effective in 1981.

Frequently Asked Questions

What is a distress warrant in Texas?

A landlord's pre-judgment remedy to seize property to secure unpaid rent. Rule 610 sets the sworn application to the justice of the peace.

Must a distress warrant application state that it isn't harassment?

Yes. Rule 610 requires the plaintiff to swear the warrant isn't sought to vex or harass the defendant, on top of stating the statutory grounds and the specific facts behind them.

Does a landlord have to prove the tenant owes rent before a distress warrant issues?

The landlord must show enough for the justice of the peace to make specific findings — through affidavits or a hearing that may be ex parte — including a statement that the amount sued for is rent or statutory advances, or a signed writing from the tenant confirming it.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 610), 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: distress warrantapplication for distress warrantlandlord distress warrantTRCP 610