Rule 709.When Bond Forfeited

Last verified June 28, 2026

In one sentenceRule 709 requires the officer to return a plaintiff's replevy bond to the court issuing the writ immediately after approving it, so the bond stands as security and can be enforced by judgment.

Full Text of Rule 709

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The bond provided for in the preceding rule shall be returned by the officer to the court issuing the writ immediately after he has approved same, and in case the suit is decided against the plaintiff, final judgment shall be entered against all the obligors in such bond, jointly and severally for the value of the property replevied as of the date of the execution of the replevy bond, and the value of the fruits, hire, revenue or rent thereof as the case may be. The same rules which govern the discharge or enforcement of a judgment against the obligors in the defendant's replevy bond shall be applicable to and govern in case of a judgment against the obligors in the plaintiff's replevy bond.

End

Plain-English Summary

Rule 709 files the plaintiff's bond. The bond provided for in the preceding rule is returned by the officer to the court issuing the writ immediately after the officer has approved it, where it stands as security — and, if the plaintiff loses, final judgment shall be entered against the plaintiff and the sureties on the forfeited bond.

Frequently Asked Questions

What happens to the plaintiff's sequestration replevy bond in Texas?

The officer returns it to the court, where it can be enforced by judgment if the plaintiff loses (Rule 709).

Are the same rules used to enforce a Texas plaintiff's and defendant's replevy bond?

Yes. Rule 709 applies the same discharge and enforcement rules to a judgment against the plaintiff's replevy bond as apply to the defendant's.

When does the officer file the plaintiff's replevy bond with the court in Texas?

Immediately after approving it, per Rule 709.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 709), 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: when sequestration bond forfeitedplaintiff's replevy bond forfeitureenforcing plaintiff's replevy bondTRCP 709