[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Writ of Scire Facias
To: [name of judgment debtor], whose address is [address, city, state].
On [date of original judgment], a final judgment was rendered in favor of [name of judgment plaintiff] in the above-entitled and -numbered cause and against [name of judgment debtor], Defendant, in the sum of $[total judgment amount], which included damages of $[damages amount], prejudgment interest of $[prejudgment interest amount], attorney’s fees of $[attorney’s fees amount], and costs of court (hereinafter, the “Judgment”). Postjudgment interest at the rate of [postjudgment interest rate] was awarded by the Judgment as well.
The Judgment has become dormant and [name of judgment holder], as [assignee/holder] of the Judgment, has filed a petition and applied for a writ of scire facias to revive the Judgment.
You are hereby commanded to appear before the judge of the Court at the [county] County Courthouse, in the city of [city], Texas, on [date] at [time], there to show cause, if any, why the Judgment rendered in the above-entitled cause should not be revived as requested by [name of judgment holder]. Upon your failure to do so, an order and judgment will enter for the relief demanded in the application.
The nature of [name of judgment holder]’s demand is shown by a true and correct copy of its application accompanying this citation, the original of which is on file in this cause.
If this citation is not served within sixty days after the date of its issuance, it shall be returned unserved.
The officer executing this writ shall promptly serve the same according to requirements of law and the mandates of this order and make due return as the law directs.
Issued and given under my hand and seal for the court on the [day] day of [month], [year].
[Name of court clerk][Designation of court] Clerk[County] County, Texas
By:
Deputy District Clerk
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The writ requires formal personal service by an authorized process server with proper return. |
PROOF OF SERVICE
I received this Writ of Scire Facias on [date], at [time], and executed it by delivering to [name of defendant], Defendant, in person, a true copy of this Writ of Scire Facias, with a copy of the Application for Writ of Scire Facias to Revive Judgment and accompanying Order attached, at the following location: [address where service occurred] in [county] County, Texas on [date] at [time].
[Include if applicable: I am certified by the Judicial Branch Certification Commission to serve process, including citations in Texas. I am not a party to or interested in the outcome of this suit. My identification number is [identification number] and certification expiration date is [certification expiration date]. I received and delivered the specified documents to Defendant as stated above. All statements made herein are true. This return is verified or is signed under penalty of perjury.
DECLARATION OF SERVER
“My name is [name], I am at least eighteen years old, and my address is [street], [city], [state], [zip code], [country]. I declare under penalty of perjury that I am not a party to this suit and that the foregoing is true and correct.”
Signed this on the [day] day of [month], [year].
[Name of process server], Affiant
Signed under oath before me on [date].
Notary Public, State of Texas