Rule 708.Plaintiff May Replevy

Last verified June 28, 2026

In one sentenceRule 708 lets the plaintiff replevy the property when the defendant fails to replevy it within ten days after the levy and service of notice, by giving a bond like the defendant's.

Full Text of Rule 708

Text size

When the defendant fails to replevy the property within ten days after the levy of the writ and service of notice on defendant, the officer having the property in possession shall at any time thereafter and before final judgment, deliver the same to the plaintiff upon his giving bond payable to defendant in a sum of money not less than the amount fixed by the court's order, with sufficient surety or sureties as provided by statute to be approved by such officer. If the property to be replevied be personal property, the condition of the bond shall be that he will have such property, in the same condition as when it is replevied, together with the value of the fruits, hire or revenue thereof, forthcoming to abide the decision of the court, or that he will pay the value thereof, or the difference between its value at the time of replevy and the time of judgment (regardless of the cause of such difference in value, and of the fruits, hire or revenue of the same in case he shall be condemned to do so). If the property be real estate, the condition of such bond shall be that the plaintiff will not injure the property, and that he will pay the value of the rents of the same in case he shall be condemned to do so. On reasonable notice to the opposing party (which may be less than three days) either party shall have the right to prompt judicial review of the amount of bond required, denial of bond, sufficiency of sureties, and estimated value of the property, by the court which authorized issuance of the writ. The court's determination may be made upon the basis of affidavits, if uncontroverted, setting forth such facts as would be admissible in evidence; otherwise, the parties shall submit evidence. The court shall forthwith enter its order either approving or modifying the requirements of the officer or of the court's prior order, and such order of the court shall supersede and control with respect to such matters.

End

Plain-English Summary

Rule 708 gives the plaintiff a turn. When the defendant fails to replevy the property within ten days after the levy of the writ and service of notice on the defendant, the officer holding the property delivers it to the plaintiff on the plaintiff's giving a bond, conditioned as the defendant's would have been, to have the property forthcoming to abide the judgment.

Frequently Asked Questions

Can the plaintiff take possession of sequestered property in Texas?

Yes, if the defendant does not replevy within ten days; the plaintiff may replevy by posting a bond (Rule 708).

Does it matter why replevied property lost value when a Texas plaintiff replevies it?

No. Rule 708 makes the plaintiff's bond cover the difference in value regardless of the cause of that difference.

Can a Texas plaintiff's replevy bond be challenged before judgment?

Yes. Like the defendant's bond, Rule 708 lets either party get prompt judicial review of the bond amount, sufficiency of sureties, or the property's value, on reasonable notice.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 708), 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: plaintiff may replevy sequestrationten days plaintiff replevyplaintiff's replevy bond conditionsTRCP 708