The affidavit must be attached to the application, form 28-3 in this chapter. The distress warrant is discussed generally at section 28.32.
[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 distress warrant at form 28-3. |
Affidavit for 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 cause. [Include if affiant is agent: I am authorized to make this affidavit and to apply for a distress warrant in this cause.]
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Select one of the following. |
“I have personal knowledge of the facts stated in this affidavit, and they are all true and correct.
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Or |
“I make this affidavit on information and belief. The basis for that belief is the following: [state specific grounds for belief].
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Continue with the following. |
“Plaintiff has filed an action for a distress warrant in this Justice Court in support of an action seeking enforcement of Plaintiff’s landlord’s lien against Defendant’s property. Plaintiff’s lien is for rent owed by Defendant, and this warrant is necessary because Defendant [owes rent/is about to abandon the building/is about to remove his property from the building].
“Plaintiff does not seek this warrant for the purpose of vexing and harassing Defendant.”
[Name of affiant]
Affiant
SIGNED under oath before me on ________________________________.
Notary Public, State of Texas