Rule 639.Levy
Last verified June 28, 2026
In one sentenceRule 639 lets an officer levy on real estate by indorsing the levy on the writ, without going onto the land, and addresses how a levy on personal property is made.
Full Text of Rule 639
In order to make a levy on real estate, it shall not be necessary for the officer to go upon the ground but is shall be sufficient for him to indorse such levy on the writ. Levy upon personal property is made by taking possession thereof, when the defendant in execution is entitled to the possession. Where the defendant in execution has an interest in personal property, but is not entitled to the possession thereof, a levy is made thereon by giving notice thereof to the person who is entitled to the possession, or one of them where there are several.
End
Plain-English Summary
Rule 639 eases the levy on land. To make a levy on real estate, the officer need not go onto the ground; indorsing the levy on the writ is sufficient. The rule also addresses how a levy on personal property is made — generally by taking the property into possession.
Frequently Asked Questions
How does an officer levy on real estate in Texas?
By indorsing the levy on the writ; the officer need not go onto the land (Rule 639).
Does the officer have to physically visit the land to levy on real estate in Texas?
No. Rule 639 lets the officer indorse the levy on the writ itself — going onto the ground isn't required.
How is a levy made when someone else is holding the defendant's personal property?
Rule 639 has the officer give notice of the levy to the person entitled to possession, rather than seize the property directly.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 639), 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: levy on real estatelevy endorsementTRCP 639levy on personal property possessionnotice levy third party possession