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Tex. Civ. Prac. & Rem. Code § 62.044

COMPULSORY COUNTERCLAIM FOR WRONGFUL SEQUESTRATION

Applied in 2 court decisions — leading case Dennis v. First State Bank of Texas (1998)

Most recently applied in Dennis v. First State Bank of Texas (October 1998)

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

(a) If a writ is dissolved, any action for damages for wrongful sequestration must be brought as a compulsory counterclaim.

(b) In addition to damages, the party who sought dissolution of the writ may recover reasonable attorney's fees incurred in dissolution of the writ.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.