Rule 813.Suit to Extinguish Lien

Last verified June 28, 2026

In one sentenceRule 813 governs a suit to extinguish a lien or money claim the defendant holds on the property: the court ascertains the amount with interest, the plaintiff deposits it into the court's registry, and no decree issues until the deposit is made.

Full Text of Rule 813

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If said suit shall be for the extinguishment of a lien or claim for money on said property that may be held by the defendant, the amount thereof, with interest, shall be ascertained by the court; and the same deposited in the registry of the court, subject to the drawn by the parties entitled thereto; but in such case no decree shall be entered until said sum is deposited; which fact shall be noted in said decree.

End

Plain-English Summary

Rule 813 handles the suit aimed at clearing a lien or money claim a defendant holds on the land. The court fixes the amount owed, with interest, and the plaintiff deposits that sum into the registry of the court for the parties entitled to it. No decree extinguishing the lien issues until the money is on deposit, and the decree notes that the deposit was made.

Frequently Asked Questions

How does a Texas suit to extinguish a lien work under Rule 813?

The court sets the amount with interest, the plaintiff deposits it into the court's registry, and no decree issues until the deposit is made (Rule 813).

Who decides the amount owed on the lien under Rule 813?

The court. Rule 813 has the court ascertain the amount, with interest, before any deposit is made.

What happens if the plaintiff never deposits the money into the registry under Rule 813?

No decree extinguishing the lien issues. Rule 813 conditions the decree on the deposit being made and requires the decree to note that it was.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 813), 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: suit to extinguish lien deposit into registrycourt ascertains lien amount with interestdepositing lien payoff into court registrydecree conditioned on depositTRCP 813