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Chapter 26

Form 26-16

Usually the court clerk will prepare the writ of attachment on a printed form. In some counties it may be necessary for the plaintiff’s attorney to provide it, in which case this form may be used.

Writ of Attachment and Commitment Order

State of Texas)

County of)

TO ANY SHERIFF OR ANY CONSTABLE WITHIN THE STATE OF TEXAS:

[Name of respondent], Respondent, was adjudged to be in contempt of court on [date] by the [designation] Court in Cause No. [number], styled “[style of case].” Therefore, in obe­dience to an order of this Court made and entered on [date]:

You are hereby COMMANDED to take into your custody and commit to the jail of your county and safely keep [name of respondent] until, as required by the contempt judg­ment, [name of respondent] [has forwarded to Movant’s attorney of record, [name of attor­ney], at [address, city, state], a complete sworn set of answers to interrogatories in aid of judgment that Movant addressed to Respondent and served on [date],/has given [his/her] deposition at the set time as set out in the contempt judgment; and delivered to [name of attor­ney] at [address, city, state], the documents set out in the contempt judgment] or been other­wise legally ordered discharged.

It is ORDERED that Respondent may be released on execution of a surety bond exe­cuted by a corporate surety licensed to do business as such in Texas, in the amount of $[amount], payable to [name of judgment plaintiff], conditioned that on or before [date] Respondent will comply with all requirements of the contempt judgment against Respondent signed by this Court on [date], and that if Respondent does not do so Respondent’s bond will be forfeited and Respondent will be arrested and jailed under the contempt judgment.

HEREIN FAIL NOT, but make due return of this writ, showing how you have executed it.

Witness my hand and seal of office at [city, county] County, Texas, on ________________.

   
Clerk of the [designation] Court of
[county] County, Texas

By       
         Deputy

Officer’s Return

I received this writ on ________________ at ____ __.m. and executed it on ________________ at ____ __.m. by      
      
__________________________________________________________________________.

I actually and necessarily traveled ________ miles in executing this writ, and my fees are $____________.

This original returned on ____________________________.

   
[Name of officer if known]
[Identification of officer]
__________________ County, Texas

By       
         Deputy