Rule 733.Claim Is a Release of Damages
Last verified June 28, 2026
In one sentenceRule 733 provides that a claim made to property under this section operates as a release of all damages by the claimant against the officer who levied on the property.
Full Text of Rule 733
A claim made to the property, under the provisions of this section, shall operate as a release of all damages by the claimant against the officer who levied upon said property.
End
Plain-English Summary
Rule 733 protects the officer. A claim made to the property under these rules operates as a release of all damages by the claimant against the officer who levied on the property — so an officer who follows the writ is not exposed to a damages suit by a third-party claimant, who instead pursues the trial of the right of property.
Frequently Asked Questions
Can you sue the officer who seized your property in Texas if you file a claim?
No. Rule 733 makes the claim a release of damages against the levying officer.
Why does Rule 733 protect the levying officer?
So an officer who follows the writ isn't caught between the parties — the claimant's remedy is the trial of the right of property, not a damages suit against the officer.
Does Rule 733 release the plaintiff from liability too?
No. It releases only the officer who made the levy; it says nothing about the plaintiff.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 733), 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: claim is a release of damagesrelease of damages against officerofficer immunity from claimant lawsuitprotecting levying officer from liabilityTRCP 733