Rule 638.Property Not to Be Designated
Last verified June 28, 2026
In one sentenceRule 638 bars a defendant in execution from pointing out, for the officer to levy on, property the defendant has sold, mortgaged, or conveyed in trust, or that is exempt from forced sale.
Full Text of Rule 638
A defendant in execution shall not point out property which he has sold, mortgaged or conveyed in trust, or property exempt from forced sale.
End
Plain-English Summary
Rule 638 limits the defendant's choice of property. A defendant in execution may not point out property that the defendant has sold, mortgaged, or conveyed in trust, or that is exempt from forced sale — so the levy reaches property the defendant owns and that the law allows to be taken.
Frequently Asked Questions
Can a debtor choose which property is levied on in Texas?
The debtor may point out property, but Rule 638 bars pointing out sold, mortgaged, or exempt property.
Why can't a debtor point out property already sold or mortgaged in Texas?
Rule 638 blocks it because the debtor no longer owns that property outright, or has pledged it to someone else — pointing it out would send the officer after property that isn't fully available to satisfy the judgment.
What property is off-limits for a debtor to designate under Rule 638?
Property the debtor has sold, mortgaged, or conveyed in trust, and property exempt from forced 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. 638), 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: property not to be designatedexempt property executionTRCP 638can't point out sold propertymortgaged property levy restriction