Rule 731.Execution Shall Issue
Last verified June 28, 2026
In one sentenceRule 731 provides that if a judgment against a losing claimant is not satisfied by a return of the property, then after ten days from the judgment, execution issues on it for the property's value and damages.
Full Text of Rule 731
If such judgment should not be satisfied by a return of the property, then after the expiration of ten days from the date of the judgment, execution shall issue thereon in the name of the plaintiff or defendant for the amount of the claim, or of all the plaintiffs or defendants for the sum of their several claims, provided the amount of such judgment shall inure to the benefit of any person who shall show superior right or title to the property claimed as against the claimant; but if such judgment be for a less amount than the sum of the several plaintiffs' or defendants' claims, then the respective rights and priorities of the several plaintiffs or defendants shall be fixed and adjusted in the judgment.
End
Plain-English Summary
Rule 731 falls back on execution. If the judgment against the claimant is not satisfied by a return of the property, then after the expiration of ten days from the date of the judgment, execution issues on the judgment in the name of the plaintiff or defendant for the amount of the claim — or, where there is more than one, for the sum of their several claims.
Frequently Asked Questions
What if a losing property claimant doesn't return the property in Texas?
After ten days, execution issues for its value (Rule 731).
Who benefits from a Rule 731 execution when someone else has a better claim?
The judgment amount goes to whoever shows a superior right or title to the property over the claimant.
What happens when several plaintiffs or defendants have claims under Rule 731?
If the judgment covers less than the sum of everyone's claims, the judgment fixes and adjusts each one's priority and share.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 731), 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: execution shall issue trial of right of propertyten daysexecution after unsatisfied property judgmentmultiple claimants priority property judgmentTRCP 731