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Texas Civil Practice and Remedies Code

§ 34.005 — LEVY ON PROPERTY OF SURETY

CP § 34.005Title 2. TRIAL, JUDGMENT, AND APPEAL · Part C. JUDGMENTS · Ch. 34. EXECUTION ON JUDGMENTS · Art. A. ISSUANCE AND LEVY OF WRIT

Statute text

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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.

Legislative history

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Source: Texas Civil Practice and Remedies Code § 34.005 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.