The sheriff has come to me with a question that would normally be answered by the county attorney. I have been poking around but can't seem to find the right answer.

Plaintiff gets judgment in DTPA case. Defendant does construction work and is always leaving jobs half finished. Plaintiff files a "Writ of Execution of Judgment" that requires the sheriff to seize certain property...including trailers and tools owned by Defendant.

Sheriff seized the property (following advise of county attorney) and now wants to know what to do with it.

I am looking at Section 34 of Civil Practice and Remedies Code and wondering exactly what authority sheriff had to seize property and how he disposes of it.

Any help would be greatly appreciated!

Read the writ of execution and the judgment and the orders of the court that issued the writ of execution. That should tell you what you need to know.


The sheriff holds the property under the court's writ and orders; the court can have post-judgment proceedings and issue orders if needed to clarify what should happen next if the writ is ambiguous. But first, read the writ.

The writ is signed by a deputy district clerk. It directs the Sheriff to take a trailer and all of its contents. Then it says that the sheriff should keep the property pending further proceedings to be had by the Court.

Good. That's clear enough. Someone wants that property -- that someone can push the court to get those further proceedings going as soon as possible. I assume the Sheriff has reported to the Court that he is holding the property pursuant to the court's writ and subject to its further (written) orders.

Yes. The sheriff reported to the court that the property was in hand. He has made a complete inventory of everything and is awaiting word from the court. The plaintiff's counsel, in the meantime, has disappeared.

There's no reason the defense counsel can't try to move the hearing forward; might actually get the stuff back for his/her client.