In one sentenceRule 717 opens the trial of the right of property: when an execution, attachment, sequestration, or distress warrant is levied on personal property claimed by someone other than the defendant, that claimant may make a sworn affidavit of right to it.
Full Text of Rule 717
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Whenever a distress warrant, writ of execution, sequestration, attachment, or other like writ is levied upon personal property, and such property, or any part thereof, shall be claimed by any claimant who is not a party to such writ, such claimant may make application that such claim is made in good faith, and file such application with the court in which such suit is pending. Such application may be supported by affidavits of the claimant, his agent, his attorney, or other persons having knowledge of relevant facts. The application shall comply with all statutory requirements and shall state the grounds for such claim and the specific facts relied upon by the claimant to warrant the required findings by the court. The claim shall not be quashed because two or more grounds are stated conjunctively or disjunctively. The application and any affidavits shall be made on personal knowledge and shall set forth such facts as would be admissible in evidence; provided that facts may be stated based upon information and belief if the grounds of such belief are specifically stated. No property shall be delivered to the claimant except on written order of the court after a hearing pursuant to Rule 718. The court in its order granting the application shall make specific findings of facts to support the statutory grounds found to exist and shall specify the amount of the bond required of the claimant.
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Plain-English Summary
Rule 717 starts the third-party claim procedure. Whenever a distress warrant, writ of execution, sequestration, attachment, or other like writ is levied on personal property, and someone other than the defendant in the writ claims it, that claimant may make a sworn affidavit stating a right to the property — beginning a trial of the right of property to decide who owns it.
Frequently Asked Questions
What can a third party do when their property is seized for someone else's debt in Texas?
Make a sworn claim under Rule 717, which starts a trial of the right of property.
What must a Rule 717 claim application include?
The grounds for the claim and the specific facts supporting it, made on personal knowledge or, where stated, on information and belief with the basis specifically given.
Can the property be handed over to the claimant right away under Rule 717?
No. Rule 717 bars delivery until the court holds a hearing under Rule 718 and issues a written order.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 717), 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:claimant must make affidavittrial of right of propertythird party claim seized propertyaffidavit of right to seized propertyTRCP 717