Rule 615.Sale of Perishable Property

Last verified June 28, 2026

In one sentenceRule 615 lets the judge or justice of the peace to whose court a distress warrant is returnable order perishable personal property seized under the warrant, and not claimed or replevied, to be sold.

Full Text of Rule 615

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Whenever personal property which has been levied on under a distress warrant shall not have been claimed or replevied, the judge, or justice of the peace, to whose court such writ is made returnable may, either in term time or in vacation, order the same to be sold, when it shall be made to appear that such property is in danger of serious and immediate waste or decay, or that the keeping of the same until the trial will necessarily be attended with such expense or deterioration in value as greatly to lessen the amount likely to be realized therefrom.

End

Plain-English Summary

Rule 615 mirrors the attachment perishable-sale rule for distress warrants. When personal property levied on under a distress warrant has not been claimed or replevied, the judge or justice of the peace to whose court the warrant is returnable may order it sold, preventing the loss of value from holding perishable goods through the litigation.

Frequently Asked Questions

What happens to perishable property seized under a distress warrant in Texas?

The court may order it sold under Rule 615 if it has not been claimed or replevied.

Who can order a perishable-property sale under Rule 615?

The judge or justice of the peace to whose court the distress warrant is returnable, whether the court is in term time or vacation.

What condition justifies an early sale under Rule 615?

The property must be in danger of serious and immediate waste or decay, or holding it until trial would cost so much, or lose so much value, that the amount recoverable would shrink greatly.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 615), 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: sale of perishable property distressperishable property saledistress warrant perishable goodsearly sale of seized propertyTRCP 615