[Caption. See § 3 of the Introduction in volume 1 of this manual.]
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Use the same caption as in the application for emergency sale at form 28-9. |
Affidavit for Emergency Sale of Perishable Property
[under Distress Warrant]
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., leasing agent of Plaintiff]] in this action. [Include if affiant is agent: I am authorized to make this affidavit and to apply for an order for emergency sale.] I have personal knowledge of the facts set forth herein, and they are all true and correct.
“The following property was seized under a distress warrant: [describe property as in form 28-9]. Defendant has not claimed or replevied it or dissolved the warrant, and the property is in danger of [serious waste or decay/great depreciation in value] if kept until trial. [Include facts supporting allegations of waste or decline in value.]”
[Name of affiant]
Affiant
SIGNED under oath before me on ________________________________.
Notary Public, State of Texas