If you own or have a security interest in a vehicle, piece of machinery, or other movable personal property located in Texas, the debtor in possession of such collateral is uncooperative and refuses to surrender it voluntarily despite your demand, and repossessing the collateral yourself is too difficult, time consuming, or dangerous, then our attorneys can help. The attorneys at Padfield & Stout, LLP, are well versed in sequestration law, which is the process by which, during the course of a lawsuit, funds or property are seized by the Sheriff or Constable and subsequently delivered to the secured creditor to ensure the collateral is properly maintained and stored during the litigation. The most common type of sequestration involves the judicial foreclosure of a security interest in a vehicle or equipment.
Generally, the procedure for this type of relief involves the filing of a lawsuit and an application for a writ of sequestration supported by an affidavit. If the application is granted, the court will enter an Order for issuance of the writ of sequestration, which is issued by the court clerk upon payment of a bond amount set by the judge. The firm has relationships with several sureties who can help client’s secure bonds. Once the bond is secured and filed with the clerk of the court, the writ will issue and be served upon the party holding the property sought. If the party is in possession of the property at the time the writ if served, the party will be compelled by the Sheriff or Constable to immediately turn over the property. If the party in possession refuses to comply with the Writ of Sequestration, the firm has the option of pursuing a contempt hearing to leverage the party’s compliance with the court’s order, which could lead to civil contempt ultimately resulting in a monetary sanction or jail time. A sequestration writ, coupled by the threat of contempt for noncompliance, is often the leverage needed to compel a recalcitrant debtor to surrender collateral that cannot be recovered by any other legal means, and the attorneys at Padfield & Stout, LLP, fully understand how to use that leverage to maximize results for our clients.