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Rule 699. Requisites of Writ


The writ of sequestration shall be directed "To the Sheriff or any Constable of any County of the State of Texas" (not naming a specific county) and shall command him to take into his possession the property, describing the same as it is described in the affidavit, if to be found in his county, and keep the same subject to the further order of the judge, court, or justice of the peace who issued the writ, unless the same is replevied according to the provisions of the law and these rules.

Source: Art. 6845.

Change: The writ is not directed to a specific county, and may be levied in any county within the State of Texas wherein the property may be found.

For context only: Art. 6846. Duty of Officer. The officer executing a writ of sequestration, while he retains custody of the property sequestered shall take care of and manage the same in a prudent manner, and if he confides the same to the custody of other persons he shall be responsible for their acts in regard thereto, and shall be responsible to the party injured for any neglect or mismanagement by himself, or by those to whom he has confided the custody or management of the property.

For context only: Art. 6847. Compensation of Officer. The officer retaining, custody of property by virtue of a writ of sequestration shall be entitled to receive a just compensation and all reasonable charges therefor, to be determined by the judge or justice from whose court the writ issued, to be taxed in the bill of costs against the party cast in the suit, and collected in the same manner as the other costs in the case.

For context only: Art. 6848. Officer Expending Money. If the officer be compelled to expend any sum in the security, management or care of the property, he may retain possession of said property until said money be refunded by the party offering to replevy said property, his agent or attorney.

Oct. 29, 1940, eff. Sept. 1, 1941.


July 11, 1977, eff. Jan. 1, 1978


(No.26) Question: Should a Writ of Sequestra­tion specify when it should be returned by the officer, and if so when should it be made returnable?

Answer: Rule 699 setting out the requi­sites of a Writ of Sequestration does not expressly state when the Writ should be made returnable, but Rule 15 states that unless otherwise specially provided by law or by the Rules all writs and process "shall be made returnable on the Monday next after the expiration of twenty days from the date of service thereof." Therefore, a Writ of Sequestration should state when it is returnable, and should comply with Rule 15 and be made returnable on the Monday next after the expiration of twen­ty days from the date of service thereof.

5 Tex. B.J. 169 (1942) reprinted in 8 Tex. B.J. 13 (1945).