Tex. Civ. Prac. & Rem. Code § 62.045 · Subchapter C. DISSOLUTION AND REPLEVY
WRONGFUL SEQUESTRATION OF CONSUMER GOODS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If a writ that sought to sequester consumer goods is dissolved, the defendant or party in possession of the goods is entitled to reasonable attorney's fees and to damages equal to the greater of:
(1) $100;
(2) the finance charge contracted for; or
(3) actual damages.
(b) Damages may not be awarded for the failure of the plaintiff to prove by a preponderance of the evidence the specific facts alleged if the failure is the result of a bona fide error. For a bona fide error to be available as a defense, the plaintiff must prove the use of reasonable procedures to avoid the error.
(c) In this section, "consumer goods" has the meaning assigned by the Business & Commerce Code.
Notes and commentary — not statutory text
History
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 167, Sec. 3.11, eff. Sept. 1, 1987.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CP/htm/CP.62.htm
- Text hash
- sha256 c64c451d6fa73adce8c320c6da0a97baf26a1f0494d23124105b85841e118c23
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 1 provision
Provisions in this library whose text cites Tex. Civ. Prac. & Rem. Code § 62.045. Each shows the citation as that text prints it.
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