In one sentenceRule 613 requires the defendant to be served — in any manner allowed for citation, or under Rule 21a — with a copy of the distress warrant, the application, the affidavits, and the orders of the justice of the peace, as soon as practicable after the levy.
Full Text of Rule 613
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The defendant shall be served in any manner prescribed for service of citation, or as provided in Rule 21a, with a copy of the distress warrant, the application, accompanying affidavits, and orders of the justice of the peace as soon as practicable following the levy of the warrant. There shall be prominently displayed on the face of the copy of the warrant served on the defendant, in 10-point type and in a manner calculated to advise a reasonably attentive person of its contents, the following: To _________________, Defendant: You are hereby notified that certain properties alleged to be owned by you have been seized. If you claim any rights in such property, you are advised: “YOU HAVE A RIGHT TO REGAIN POSSESSION OF THE PROPERTY BY FILING A REPLEVY BOND. YOU HAVE A RIGHT TO SEEK TO REGAIN POSSESSION OF THE PROPERTY BY FILING WITH THE COURT A MOTION TO DISSOLVE THIS WARRANT.”
End
Plain-English Summary
Rule 613, the distress-warrant counterpart to Rule 598a, makes sure the tenant gets notice. The defendant must be served, in any manner prescribed for service of citation or as provided in Rule 21a, with a copy of the distress warrant, the application, the accompanying affidavits, and the orders of the justice of the peace, as soon as practicable after the levy — so the defendant can move to dissolve the warrant.
Frequently Asked Questions
Does a tenant get notice of a distress warrant in Texas?
Yes. Rule 613 requires service of the warrant, application, affidavits, and orders on the defendant as soon as practicable after the levy.
What must the distress warrant itself tell the tenant?
In prominent ten-point type, that certain property has been seized and that the tenant may regain possession by filing a replevy bond or by asking the court to dissolve the warrant.
How is a tenant served with a distress warrant?
The same way as service of citation, or under Rule 21a — with a copy of the warrant, the application, the affidavits, and the justice of the peace's orders, delivered as soon as practicable after the levy.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 613), 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:service of distress warrant on defendantdistress warrant noticeseized property notice distress warrantdistress warrant service requirementsTRCP 613