Rule 616.To Protect Interests

Last verified June 28, 2026

In one sentenceRule 616 lets the judge or justice of the peace decide whether property seized under a distress warrant is perishable and whether a sale is advisable, acting on written affidavits or oral testimony.

Full Text of Rule 616

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In determining whether the property levied upon is perishable, and the necessity or advantage of ordering a sale thereof, the judge or justice of the peace may act upon affidavits in writing or oral testimony, and may by a preliminary order entered of record with or without notice to the parties as the urgency of the case in his opinion requires, direct the sheriff or constable to sell such property at public auction for cash, and thereupon the sheriff or constable shall sell it accordingly. 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.

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Plain-English Summary

Rule 616 guides the perishability decision for seized property. In determining whether the property levied upon is perishable and whether a sale is necessary or advantageous, the judge or justice of the peace may act on affidavits in writing or oral testimony and protect the parties' interests — the distress counterpart to Rule 601.

Frequently Asked Questions

How does a court decide whether seized property is perishable in Texas?

On written affidavits or oral testimony, the judge or justice of the peace decides (Rule 616).

Does the court have to notify both sides before ordering a perishable sale?

Not always. Rule 616 lets the judge or justice enter a preliminary order with or without notice, depending on how urgent the case appears.

Does someone other than the defendant need a bond to force a perishable sale?

Yes. If anyone besides the defendant who lost possession applies for the sale, Rule 616 requires that applicant to post a bond with two or more sureties, payable to the defendant for any damages from a wrongful sale.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 616), 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: to protect interests distressperishable property distressbond for sale applicationpublic auction distress saleTRCP 616