Rule 614a.Dissolution or Modification of Distress Warrant

Last verified June 28, 2026

In one sentenceRule 614a lets a defendant whose property was seized under a distress warrant, or an intervening claimant, move by sworn written motion to vacate, dissolve, or modify the seizure — the distress counterpart to Rule 608.

Full Text of Rule 614a

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A defendant whose property has been seized or any intervening claimant who claims an interest in such property, may by sworn written motion, seek to vacate, dissolve, or modify the seizure, and the order directing its issuance, for any grounds or cause, extrinsic or intrinsic. Such motion shall admit or deny each finding of the order directing the issuance of the warrant except where the movant is unable to admit or deny the finding, in which case movant shall set forth the reasons why he cannot admit or deny. Unless the parties agree to an extension of time, the motion shall be heard promptly, after reasonable notice to the plaintiff (which may be less than three days), and the issue shall be determined not later than 10 days after the motion is filed. The filing of the motion shall stay any further proceedings under the warrant, except for any orders concerning the care, preservation, or sale of any perishable property, until a hearing is had, and the issue is determined. The warrant shall be dissolved unless, at such hearing, the plaintiff shall prove the specific facts alleged and the grounds relied upon for its issuance, but the court may modify the order of the justice of the peace granting the warrant and the warrant issued pursuant thereto. The movant shall however have the burden to prove that the reasonable value of the property seized exceeds the amount necessary to secure the debt, interest for one year, and probable costs. He shall also have the burden to prove the facts to justify substitution of property. The court's determination may be made upon the basis of affidavits setting forth such facts as would be admissible in evidence, but additional evidence, if tendered by either party shall be received and considered. The court may make all such orders, including orders concerning the care, preservation, or disposition of the property (or the proceeds therefrom if the same has been sold), as justice may require. If the movant has given a replevy bond, an order to vacate or dissolve the warrant shall vacate the replevy bond and discharge the sureties thereon, and if the court modifies the order of the justice of the peace of the warrant issue pursuant thereto, it shall make such further orders with respect to the bond as may be consistent with its modification.

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Plain-English Summary

Rule 614a, added in 1981 as a due-process safeguard, lets the defendant challenge a distress warrant. A defendant whose property has been seized, or an intervening party claiming an interest, may by sworn written motion seek to vacate, dissolve, or modify the seizure and the order directing it, on any ground. The motion is heard promptly, and the plaintiff bears the burden to justify the warrant — paralleling Rule 608 for attachment.

Frequently Asked Questions

How do you fight a distress warrant in Texas?

File a sworn motion to vacate, dissolve, or modify it. Rule 614a requires a prompt hearing, with the plaintiff bearing the burden to justify the warrant.

How fast must a court rule on a motion to dissolve a distress warrant?

Rule 614a requires the hearing to happen promptly and the issue to be decided within ten days of the motion, unless the parties agree to extend that deadline.

Does filing a motion under Rule 614a stop the distress warrant right away?

Yes. Filing the motion stays further proceedings under the warrant, apart from orders needed to care for, preserve, or sell perishable property, until the court holds the hearing and rules.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 614a), 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: dissolution of distress warrantmotion to dissolve distress warrantvacate distress warrant motionstay of distress warrantTRCP 614a