Tex. Civ. Prac. & Rem. Code § 62.045

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 62.045 - Wrongful Sequestration of Consumer Goods

(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.

Tex. Civ. Prac. and Rem. Code § 62.045

Amended by Acts 1987, 70th Leg., ch. 167, Sec. 3.11, eff. 9/1/1987.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. 9/1/1985.