Form 27-37

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Application for Writ of Scire Facias to Revive Judgment

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES [name of judgment holder], [as assignee of a final judgment rendered in favor of [name of judgment plaintiff]/Plaintiff] in the above-entitled and -numbered cause, and files this its Application for Writ of Scire Facias to Revive Judgment (hereinafter, the “Applica­tion”) and in support thereof would show the Court as follows:

1.This Application is supported by the affidavit of [name of client representative] (the “[last name of client representative] Affidavit”) attached hereto as Exhibit A and incorporated by reference herein for all purposes.

2.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. A true and correct copy of the Judgment is attached as Exhibit 1 to the [last name of client representative] Affidavit.

3.Thereafter, by virtue of a series of assignments (the “Assignments”), [name of judg­ment holder] became assignee, owner, and beneficiary of all rights under the Judgment. True and correct copies of the Assignments are attached as Exhibit 2 to the [last name of client represen­tative] Affidavit.

4.Since the rendition of the Judgment, [number of writs] Writs of Execution have been issued by the clerk of the court, and each was promptly delivered to the appropriate officer of the state for execution thereon.  The dates of issuance were as follows: [dates of writs].  True and correct copies of returned Writs of Execution are attached as Exhibit 3 to the [last name of client representative] Affidavit.

5.Based on the date of rendition of the Judgment [include if applicable: and the above-described writ of execution history], the Judgment became dormant on [date of dormancy].  This Application seeks to revive the Judgment as to the judgment debtor, [name of judgment debtor], pursuant to Tex. Civ. Prac. & Rem. Code § 31.006.

6.As of [date of reference], there remains due and owing on the Judgment by the judg­ment debtor damages in the amount of $[unpaid damages], prejudgment interest in the amount of $[unpaid prejudgment interest], attorney’s fees in the amount of $[unpaid attorney’s fees], and costs of court. Postjudgment interest has and continues to accrue from the original date of judgment at the rate of [postjudgment interest rate] percent and remains unpaid as well.

7.All payments made, credits, and offsets have been credited to the Judgment.

8.The Judgment has not been paid or otherwise settled or compromised.

9.[Name of judgment holder] brings this proceeding to revive the Judgment and to extend the enforcement of same.

10.[Name of judgment holder] asks the Court to take judicial notice of the Judgment and all Writs of Execution related to the above-entitled and -numbered cause.

WHEREFORE, PREMISES CONSIDERED, [name of judgment holder] requests from this Court that—

1.scire facias writ(s) be issued as to Defendant, [name of judgment debtor], in the manner and form prescribed by law, requiring Defendant to appear and show cause why the Judgment should not be revived;

2.the Judgment be revived in all respects and extended for the full period provided by law;

3.the Court direct the issuance of execution on the Judgment;

4.the Court award [name of judgment holder] all costs; and

5.the Court grant [name of judgment holder] such other and further relief to which [name of judgment holder] may show itself to be justly entitled.

   
[Name]
Attorney for PlaintiffState Bar No.:[Email address][Address][Telephone][Telecopier]