Texas Civil Practice and Remedies Code 34.005 – Levy On Property of Surety
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(a) If the face of a writ of execution or the endorsement of the clerk shows that one of the persons against whom it is issued is surety for another, the officer must first levy on the principal’s property that is subject to execution and is located in the county in which the judgment is rendered.
(b) If property of the principal cannot be found that, in the opinion of the officer, is sufficient to satisfy the execution, the officer shall levy first on the principal’s property that can be found and then on as much of the property of the surety as is necessary to satisfy the execution.
Terms Used In Texas Civil Practice and Remedies Code 34.005
- Property: means real and personal property. See Texas Government Code 311.005
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
