Rule 705.Defendant May Return Sequestered Property

Last verified June 28, 2026

In one sentenceRule 705 lets a defendant, within ten days after a final judgment for personal property, deliver the sequestered property to the plaintiff or the officer who levied the writ, in satisfaction of the judgment for the property.

Full Text of Rule 705

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Within ten days after final judgment for personal property the defendant may deliver to the plaintiff, or to the officer who levied the sequestration or to his successor in office the personal property in question, and such officer shall deliver same to plaintiff upon his demand therefor; or such defendant shall deliver such property to the officer demanding same under execution issued therefor upon a judgment for the title or possession of the same; and such officer shall receipt the defendant for such property; provided, however, that such delivery to the plaintiff or to such officer shall be without prejudice to any rights of the plaintiff under the replevy bond given by the defendant. Where a mortgage or other lien of any kind is foreclosed upon personal property sequestered and replevied, the defendant shall deliver such property to the officer calling for same under order of sale issued upon a judgment foreclosing such mortgage or other lien, either in the county of defendant's residence or in the county where sequestered, as demanded by such officer; provided, however, that such delivery by the defendant shall be without prejudice to any rights of the plaintiff under the replevy bond given by the defendant.

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Plain-English Summary

Rule 705 offers a way to satisfy a property judgment in kind. Within ten days after a final judgment for personal property, the defendant may deliver the sequestered property to the plaintiff, or to the officer who levied the sequestration, and so satisfy the part of the judgment awarding the property to the plaintiff.

Frequently Asked Questions

Can a defendant return sequestered property instead of paying in Texas?

Yes. Rule 705 lets the defendant deliver the property within ten days of a final judgment for it.

Does returning sequestered property release a Texas defendant from the replevy bond?

No. Rule 705 says the delivery is without prejudice to the plaintiff's rights under the replevy bond, so the bond can still be enforced.

Where must a Texas defendant deliver replevied property when a lien is foreclosed on it?

Either in the county of the defendant's residence or the county where the property was sequestered, whichever the officer calling for it demands, under Rule 705.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 705), 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: defendant may return sequestered propertyten days returnreturning property does not release bondTRCP 705