In most lawsuits, property cannot be seized until after a final judgment. However, Texas law provides a powerful but lesser-known remedy that allows a court to take possession of disputed property while the lawsuit is still pending.
This remedy is called a Writ of Sequestration.
Although rarely discussed outside litigation circles, sequestration can be critical in disputes involving real property, business assets, vehicles, equipment, or other valuable property that might disappear before the case is resolved.
Understanding how sequestration works can help parties protect their rights before property is lost or hidden.
What Is a Writ of Sequestration?
A Writ of Sequestration is a court order allowing a sheriff or constable to take possession of property that is the subject of a lawsuit and hold it during the case.
Texas law authorizes sequestration under Texas Civil Practice and Remedies Code Chapter 62.
Texas Civil Practice and Remedies Code § 62.001 provides:
“A writ of sequestration may be issued if a suit is brought for the title or possession of personal property or for foreclosure or enforcement of a lien on personal property.”
The purpose of sequestration is to preserve property during litigation so that a final judgment will still have meaning.
Without this remedy, a defendant could potentially sell, hide, or destroy property while the lawsuit is pending.
When Can a Texas Court Issue a Writ of Sequestration?
Sequestration is commonly used in disputes involving:
- Business equipment
- Vehicles
- Construction equipment
- Collateral securing a loan
- Personal property subject to a lien
- Partnership or joint-ownership disputes
Under Texas Civil Practice and Remedies Code § 62.002, the applicant must file a sworn application stating specific facts showing entitlement to the writ.
The statute requires that the applicant show one of several grounds, including that the property:
“is in danger of being concealed, disposed of, or removed from the county during the pendency of the suit.”
This requirement prevents parties from using sequestration simply as a litigation tactic.
Bond Requirements for Sequestration
Because sequestration allows property to be seized before trial, Texas law requires the party requesting the writ to post a bond.
Under Texas Civil Practice and Remedies Code § 62.041:
“Before the issuance of a writ of sequestration, the applicant must execute a bond payable to the defendant.”
The bond protects the defendant if the seizure later turns out to be wrongful.
If the writ was improperly issued, the defendant may recover damages from the bond.
How the Sequestration Process Works in Texas
The typical sequestration process follows these steps:
1. Filing a Lawsuit
Sequestration must be connected to a lawsuit involving title, possession, or a lien on property.
2. Application for Writ
The plaintiff files a verified application explaining why the property is at risk.
3. Court Review
The judge reviews the request and determines whether the statutory requirements are met.
4. Bond Posting
The plaintiff must post the required bond.
5. Property Seized
A sheriff or constable takes possession of the property and holds it pending the outcome of the case.
Texas Rule of Civil Procedure 696 provides:
“When a writ of sequestration is issued, the officer shall take into his possession the property described in the writ.”
Can the Defendant Recover the Property?
Yes.
Texas law allows the defendant to replevy the propertyby posting a bond of their own.
Texas Civil Practice and Remedies Code § 62.043 states:
“The defendant may replevy sequestered property by giving a bond payable to the plaintiff.”
This ensures the property is preserved while allowing the defendant to retain possession if they provide adequate security.
When Sequestration Is Strategically Important
Sequestration can be crucial in cases involving:
Loan defaults
Lenders may use sequestration to prevent collateral from disappearing.
Business disputes
Partners sometimes attempt to remove shared assets during litigation.
Construction equipment conflicts
Contractors may try to move equipment before ownership disputes are resolved.
Vehicle or equipment financing
Creditors may seek sequestration to secure collateral before trial.
In these situations, waiting until the end of the lawsuit could make the final judgment effectively worthless.
Risks of Seeking Sequestration
Because sequestration is an extraordinary remedy, courts expect strict compliance with the law.
Improper use of sequestration can result in:
- Liability on the sequestration bond
- Claims for wrongful seizure
- Possible damages for lost use of property
For that reason, sequestration is usually pursued only when property is genuinely at risk of disappearing or being transferred.
Why Writs of Sequestration Still Matter
Although garnishment, turnover orders, and receiverships receive more attention, sequestration remains a powerful tool when:
- Property ownership is disputed
- Collateral is at risk of removal
- A defendant may hide or transfer assets
In the right circumstances, a writ of sequestration can preserve the status quo and prevent a lawsuit from becoming meaningless.
Conclusion
A Writ of Sequestration allows Texas courts to seize and preserve property while a lawsuit is pending.
Authorized under Texas Civil Practice and Remedies Code Chapter 62 and implemented through the Texas Rules of Civil Procedure, sequestration ensures that property central to a dispute remains available for enforcement once the court reaches a final decision.
Because the remedy involves seizing property before trial, courts require strict statutory compliance and bonding requirements. When used appropriately, however, sequestration can be a powerful way to protect property rights during litigation.
At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.
