Some clerks do not have forms for orders of sale, and you may be required to draft one yourself. The order of sale is needed when a judgment provides for judicial foreclosure of a lien on certain property described therein. The order of sale also provides for seizure of additional nonexempt property if the property foreclosed on is not sufficient to satisfy the judgment.
Order of Sale
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STATE OF TEXAS |
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COUNTY OF [county] |
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TO ANY SHERIFF OR CONSTABLE WITHIN THE STATE OF TEXAS:
[Name(s) of plaintiff(s)], Plaintiff(s), on [date], in the [County Court at Law No. [number]/[number] Judicial District Court] of [county] County, Texas, recovered judgment against [name(s) of defendant(s)], Defendant(s), for the sum of $[amount] with interest from that date at the rate of [percent] percent per year, until paid, and the further sum of $[amount] as costs of suit, as shown in the itemized bill of costs attached and made a part hereof and for the foreclosure of Plaintiff’s lien on [describe personal property] as the lien existed on the judgment day; that property should be sold as under execution in satisfaction of judgment.
You are hereby ORDERED to proceed to levy on, seize, and sell the above-described property in satisfaction of judgment, interest, costs, and the added cost of executing this writ. If the property cannot be found or if the proceeds derived from the sale are insufficient to satisfy the judgment, interest, and costs together with your fees and commissions for executing this writ, you are hereby commanded to make the money or any balance remaining unpaid out of any other property of Defendant(s) as in ordinary execution. If more money is received from the sale than is sufficient to pay off the judgment, interest, and above costs, as directed by law, you shall pay the surplus to Defendant(s). You are further directed to execute and deliver to the purchaser(s) of the property the proper deed of conveyance of all the right, title, interest, and claim that Defendant(s) had in the property at the time of the execution of this writ and at the time of the sale and to apply the proceeds to the payment and satisfaction of the judgment, and costs of suit, together with your legal fees and commissions for executing this writ. You will execute this writ, according to law.
The judgment is entitled to the following credits: [list credits].
Herein fail not and have you this writ showing how you have executed it, together with the money collected as herein directed, before the above Court at the courthouse in [county], Texas, within ninety days from the date of the issuance of this writ.
Issued and given under my hand and seal of the Court at my office in [county], Texas on [date].
ATTEST:
[Name]
[County] County Clerk
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Or |
[Name]
[County] County District Clerk
By
[Name]
Deputy
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Sheriff’s/Constable’s Fee |
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Clerk’s Fee |
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Levy |
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Clerk’s fees |
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Ads |
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Library fee |
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Service |
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Dispute fund |
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Commission |
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Judge’s fee |
____________ |
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Deeds |
____________ |
Sheriff’s fee |
____________ |
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Executing |
____________ |
Abstract fee |
____________ |
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Return |
____________ |
Attorney’s fee |
____________ |
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Mileage |
____________ |
Venire fee |
____________ |
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Printer’s |
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Execution fee |
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Total: |
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Other |
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Clerk’s fee |
____________ |
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TOTAL: |
$ ____________ |
TOTAL: |
$ ____________ |
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STATE OF TEXAS |
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COUNTY OF [county] |
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I, [name], clerk of the [[county] County/[county] County District] Court, do certify that the above is a true and correct bill of costs in the above entitled cause up to this date.
WITNESS MY HAND AND OFFICIAL SEAL, on [date].
[Name]
[County] County Clerk
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Or |
[Name]
[County] County District Clerk
By
[Name]
Deputy
OFFICER’S RETURN
Came to hand on the ____ day of __________________, at __.m. and executed on the ____ day of __________________ at __.m.
SHERIFF OR CONSTABLE
[County] County, Texas