Tex. R. Civ. P. 610 specifies the required elements of the order granting the application for the distress warrant. This form assumes that the hearing was conducted ex parte, without notice to the defendant. If the defendant receives notice and/or appears, the form should be modified accordingly.
[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. |
Order for Issuance of Distress Warrant
At the hearing on Plaintiff’s Application for Distress Warrant in this cause, Plaintiff appeared by and through his attorney of record. The hearing was conducted without notice to Defendant.
The Court finds that—
1.Plaintiff rented to Defendant [describe premises], for which Defendant agreed to pay Plaintiff $[amount] per month as rent. The lease began [date], and it specified that rental payments were due on the [date] of each month.
2.Defendant has not paid monthly rental for [time period], even though Plaintiff has made timely demand for payment.
3.Plaintiff claims a building landlord’s lien on Defendant’s personal property in the [describe premises] to the extent of the $[amount] now past due.
4.Defendant has [basis on which plaintiff believes personal property will be removed], so Plaintiff justly fears that Defendant may remove from the premises personal property subject to Plaintiff’s lien.
5.The maximum value of property that may be seized is $____________.
6.The amount of bond required of Plaintiff is $____________.
7.The amount of bond required for Defendant to replevy is $____________.
8.The property must be kept safe and preserved subject to further orders of the court having jurisdiction.
It is therefore ORDERED that a distress warrant be issued against [name of defendant] for property in the maximum amount of $____________, conditioned that Plaintiff must post a bond in the amount of $____________, payable to Defendant, conditioned as required by law.
It is further ORDERED that Defendant may replevy part or all of the property taken by posting a bond in the amount of $____________, payable to Plaintiff, conditioned and approved as required by law.
SIGNED on ________________________________.
JUDGE PRESIDING
APPROVED AS TO FORM:
[Name]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]
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If the application is granted, have the clerk issue a distress warrant (with application, affidavit, and order) for service on the defendant. |