Form 27-38

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

Affidavit of [name of affiant] in Support of Application for Writ of Scire Facias to Revive Judgment

BEFORE ME, the undersigned authority, on this day personally appeared [name of affi­ant], who, being by me first duly sworn, did upon oath state:

“My name is [name of affiant]. I am over twenty-one years of age, have never been con­victed of a crime, and am fully competent to execute this affidavit. I have personal knowledge of the facts stated in this affidavit, and they are true and correct.

“On [date of original judgment], a final judgment was rendered in favor of [name of judg­ment plaintiff], Plaintiff, in the above-entitled and -numbered cause and against [name of judg­ment debtor], Defendant, in the sum of $[total judgment amount], which includes Plaintiff’s principal amount claim of $[damages amount], attorney’s fees of $[attorney’s fees amount], together with interest thereon from the date of judgment at the rate of [postjudgment interest rate] percent per annum, and for all costs of court. A true and correct copy of the Judgment is attached hereto as Exhibit 1.

“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 hereto as Exhibit 2.

“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 hereto as Exhibit 3.

“Since the rendition of the Judgment, no Writs of Execution have been issued by the clerk of the court.

“Based on the date of rendition of the Judgment, the Judgment became dormant on [date of dormancy].  The Application seeks to revive the Judgment as to the judgment debtor, [name of judgment debtor] (“Judgment Debtor”), pursuant to Tex. Civ. Prac. & Rem. Code § 31.006.

“As of [date of reference], there remains due and owing on the Judgment by the Judgment Debtor the amount of $[unpaid damages] 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.

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

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

“This affidavit is made and filed for the purpose of reviving the Judgment in the manner and for the period prescribed by law.”

Signed this on the [day] day of [month], [year].

   
[Name of affiant]

Signed under oath before me on [date].

   
Notary Public, State of Texas