Texas Civil Practice and Remedies Code 34.075 – Wrongful Levy
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Terms Used In Texas Civil Practice and Remedies Code 34.075
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Personal property: All property that is not real property.
- Property: means real and personal property. See Texas Government Code 311.005
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Whenever a distress warrant, writ of execution, sequestration, attachment, or other like writ is levied upon personal property, and the property, or any part of the property, is claimed by any claimant who is not a party to the writ, the only remedy against a sheriff or constable for wrongful levy on the property is by trial of right of property under Part VI, Section 9, Texas Rules of Civil Procedure.