Sec. 34.075. WRONGFUL LEVY. 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.
Added by Acts 2007, 80th Leg., R.S., Ch. 421 (S.B. 1269), Sec. 5, eff. September 1, 2007.
Structure Texas Statutes
Civil Practice and Remedies Code
Title 2 - Trial, Judgment, and Appeal
Chapter 34 - Execution on Judgments
Subchapter D. Duties and Liabilities of Executing Officer
Section 34.061. Duty Toward Seized Personalty; Liability
Section 34.062. Duty of Successor Officer
Section 34.063. Improper Endorsement of Writ
Section 34.065. Failure to Levy or Sell
Section 34.067. Failure to Deliver Money Collected
Section 34.068. Rules Governing Actions Under This Chapter
Section 34.069. Payment of Damages
Section 34.070. Right of Subrogation
Section 34.071. Duties of Executing Officer
Section 34.072. Timing of Execution and Return
Section 34.073. Transfer of Writ; No Duty to Levy Outside of County