Rule 618.Return of Sale
Last verified June 28, 2026
In one sentenceRule 618 requires the officer who sells perishable property seized under a distress warrant to promptly pay the proceeds to the court's clerk or the justice of the peace and make a written return.
Full Text of Rule 618
The officer making such sale of perishable property shall promptly pay the proceeds of such sale to the clerk of such court or to the justice of the peace, as the case may be, and shall make written return of the order of sale, signed by him officially, stating the time and place of the sale, the name of the purchaser, and the amount of money received, with an itemized account of the expenses attending the sale. Such return shall be filed with the papers of the case.
End
Plain-English Summary
Rule 618 covers accounting for a distress sale. The officer making the sale of perishable property must promptly pay the proceeds to the clerk of the court or to the justice of the peace, and make a written return showing how the order of sale was carried out — the distress counterpart to Rule 604.
Frequently Asked Questions
What does the officer do with the proceeds of a distress sale in Texas?
Pay them to the court clerk or justice of the peace and file a written return (Rule 618).
What information must the officer's return include under Rule 618?
The time and place of sale, the purchaser's name, the amount of money received, and an itemized account of the sale's expenses.
How soon after the sale must the officer hand over the proceeds?
Promptly. Rule 618 does not give the officer a grace period to hold the money before turning it over.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 618), 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: return of sale distressofficer's return of saledistress sale proceedsitemized expenses distress saleTRCP 618