Rule 706.Disposition of the Property by Officer
Last verified June 28, 2026
In one sentenceRule 706 directs the officer, when sequestered property is tendered back by the defendant or called for under an order of sale, to receive it and dispose of it as the judgment and the rules direct.
Full Text of Rule 706
When the property is tendered back by the defendant to the officer who sequestered the same or to the officer calling for same under an order of sale, such officer shall receive said property and hold or dispose of the same as ordered by the court; provided, however, that such return to and receipt of same by the officer and any sale or disposition of said property by the officer under order or judgment of the court shall not affect or limit any rights of the plaintiff under the bond provided for in Rule 702.
End
Plain-English Summary
Rule 706 covers the officer's handling. When the property is tendered back by the defendant to the officer who sequestered it, or to the officer calling for it under an order of sale, the officer receives and disposes of it as the judgment and these rules provide — delivering it to the party entitled or selling it to satisfy the judgment.
Frequently Asked Questions
What does the officer do with returned sequestered property in Texas?
Receive it and dispose of it as the judgment and the rules direct (Rule 706).
Does the officer's disposal of returned property cut off the plaintiff's bond rights in Texas?
No. Rule 706 says any sale or disposition under the court's order does not affect or limit the plaintiff's rights under the Rule 702 bond.
What happens after a Texas defendant tenders sequestered property back to the officer?
The officer holds or disposes of it as the court orders, whether that means delivering it to the party entitled to it or selling it, per Rule 706.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 706), 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: disposition of property by officer sequestrationofficer holds or disposes sequestered propertytendering sequestered property backTRCP 706