This affidavit is to be made by the plaintiff or his agent or attorney and can be submitted in person or by letter (see form 27-5 in this chapter). Immediate execution on the affidavit under Tex. R. Civ. P. 628 is discussed at section 27.12:1.
The manual committee recommends that the attorney not execute any affidavit for a client; see section 19.17:3.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Affidavit for Immediate Issuance of Writ of Execution
BEFORE ME, the undersigned authority, on this day personally appeared [name of affiant], who swore on oath that the following facts are true:
“I am [Plaintiff/[other capacity, e.g., credit manager of Plaintiff]] in this cause. [Include if affiant is agent: I am authorized to make this affidavit and to apply for immediate issuance of a writ of execution in this cause.]
“In this Court on [date], judgment was rendered for [name of plaintiff], Plaintiff, against [name of defendant], Defendant.
“[State specific facts relied on to warrant immediate execution, e.g., Defendant has stated to me that ‘within a few days’ he is going to move to another county, taking all his personal property with him.]
“Execution should issue immediately because Defendant
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Select one of the following. |
is about to remove his personal property subject to execution by law out of the county.”
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Or |
is about to [transfer/secrete] his personal property subject to execution by law for the purpose of defrauding Defendant’s creditors.”
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Continue with the following. |
[Name of affiant]
Affiant
SIGNED under oath before me on ___________________________________.
Notary Public, State of Texas