Rule 644.May Give Delivery Bond

Last verified June 28, 2026

In one sentenceRule 644 lets a defendant get back personal property taken in execution by delivering to the officer a bond, payable to the plaintiff with two or more sureties, for the property's value.

Full Text of Rule 644

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Any personal property taken in execution may be returned to the defendant by the officer upon the delivery by the defendant to him of a bond, payable to the plaintiff, with two or more good and sufficient sureties, to be approved by the officer, conditioned that the property shall be delivered to the officer at the time and place named in the bond, to be sold according to law, or for the payment to the officer of a fair value thereof, which shall be stated in the bond.

End

Plain-English Summary

Rule 644 offers a delivery bond. Any personal property taken in execution may be returned to the defendant by the officer when the defendant delivers a bond, payable to the plaintiff with two or more good and sufficient sureties, conditioned to deliver the property, or its value, on the day of sale.

Frequently Asked Questions

Can a debtor get back property taken in execution in Texas?

Yes. Rule 644 lets the debtor post a delivery bond for the property's value.

How many sureties does a delivery bond need in Texas?

Rule 644 requires two or more good and sufficient sureties, approved by the officer.

What must the delivery bond promise under Rule 644?

That the defendant will deliver the property back to the officer at the stated time and place to be sold according to law, or pay its stated fair value.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 644), 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: may give delivery bonddelivery bond executionTRCP 644get property back after levyreplevy bond execution