Rule 617.Procedure for Sale
Last verified June 28, 2026
In one sentenceRule 617 requires a sale of perishable property seized under a distress warrant to be conducted like a personal-property execution sale, with the time and notice shortened where the property's nature requires.
Full Text of Rule 617
Such sale of perishable property shall be conducted in the same manner as sales of personal property under execution; provided, however, that the time of the sale, and the time of advertisement thereof, may be fixed by the judge or justice of the peace at a time earlier than ten days, according to the exigency of the case, and in such event notice thereof shall be given in such manner as directed by the order.
End
Plain-English Summary
Rule 617 sets the sale mechanics for distress seizures. A sale of perishable property is conducted in the same manner as a sale of personal property under execution, except that the time of the sale and its advertisement may be shortened as the perishable nature of the property requires — mirroring Rule 603.
Frequently Asked Questions
How is perishable property seized under a distress warrant sold in Texas?
Like a personal-property execution sale, on a shortened timeline (Rule 617).
How much notice does a perishable-property sale require under Rule 617?
Less than the usual ten days if the case is urgent enough. The judge or justice sets the sale date and the notice period, and directs how that notice is given.
Does a perishable-goods sale follow the same steps as an ordinary execution sale?
Yes, aside from timing. Rule 617 conducts it the same way as a personal-property execution sale, only faster.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 617), 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: procedure for sale distressshortened notice distress saleexpedited perishable saleperishable property sale procedureTRCP 617