See section 28.32 in this chapter before applying for a distress warrant. The application may be accompanied by affidavits, a sample of which is at form 28-4. See section 14.10 for other forms of party designation. See also section 14.2 regarding exercising caution in pleading conditions precedent.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Application for Distress Warrant
1.Parties. [Name of plaintiff], Plaintiff, whose address is [address, city, state], makes this Application for Distress Warrant. Defendant is [name of defendant], who can be served with citation at [address, city, state].
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State specific facts relied on by the plaintiff to warrant issuance of the writ. The following paragraph contains sample fact allegations; the actual allegations must be drafted to fit the facts. |
2.Facts. Plaintiff leased [describe leased premises] to Defendant for a term extending from [term of lease], for a monthly rental of $[amount], which Plaintiff and Defendant agreed to be due on [date] during the term of the lease. Defendant has not paid monthly rental for [time period], even though Plaintiff has made timely demand for payment. Plaintiff claims a building landlord’s lien on Defendant’s personal property in the leased premises to the extent of the $[amount] now past due.
3.Grounds. Plaintiff seeks this distress warrant because Defendant [owes rent/is about to abandon the building/is about to remove his property from the building] to the detriment of Plaintiff’s lien on Defendant’s personal property.
The amount sued for is rent past due, and the distress warrant is not sued out for the purpose of vexing and harassing Defendant.
4.Conditions Precedent. All conditions precedent have been performed or have occurred.
5.Affidavit. Plaintiff is entitled to the issuance of a distress warrant before judgment on the grounds stated in the attached affidavit. The affidavit is incorporated in this application by reference.
6.Prayer. Plaintiff prays that—
a.a distress warrant issue immediately;
b.the warrant specify the maximum value of Defendant’s property to be seized and the amount of bond required of Plaintiff and that the warrant command that the property be kept safe and preserved subject to further orders of the court having jurisdiction; and
c.Plaintiff be granted all further relief to which Plaintiff may be entitled.
[Name]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]