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Rule 699. Requisites of Writ (1978)

TEXT

The writ of sequestration shall be directed "To the Sheriff or any Constable within 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 application or affidavits, if to be found in his county, and to keep the same subject to further orders of the court, unless the same is replevied. There shall be prominently displayed on the face of the writ, in ten-point type and in a manner calculated to advise a reasonably attentive person of its contents, the following:

"YOU HAVE A RIGHT TO REGAIN POSSESSION OF THE PROPERTY BY FILING A REPLEVY BOND. YOU HAVE A RIGHT TO SEEK TO REGAIN POSSESSION OF THE PROPERTY BY FILING WITH THE COURT A MOTION TO DISSOLVE THIS WRIT."

Amended by order of July 11, 1977, eff. Jan. 1, 1978: The writ shall be directed to the officer "within" the State of Texas. The rule conforms to article 6840, and informs the party of some of his rights.

ADVISORY OPINIONS

(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).