The form of the bond is suggested by Tex. R. Civ. P. 592b. Bonds for distress warrants are discussed at section 28.32 in this chapter. A surety company may be used in lieu of one or more individual sureties. See Tex. Ins. Code §§ 3503.001–.005. If individual sureties are used, two will probably be required, and the form should be so modified. Duplicate originals should be prepared and executed, one for the clerk and the other for the sheriff or constable.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Bond to Defendant for Distress Warrant
WE, THE UNDERSIGNED, [name of plaintiff], Plaintiff, as principal and [name of surety] as surety, acknowledge ourselves bound to pay [name of defendant], Defendant, up to the sum of [number] dollars, conditioned that Plaintiff will prosecute this cause to effect and that Plaintiff will pay to the extent of the penal amount of this bond all damages and costs as may be adjudged against Plaintiff for wrongfully suing out this distress warrant.
SIGNED on ________________________________.
[Name of plaintiff]
Principal
[Name of surety company]
Surety
By
Agent for Surety
APPROVED on ________________________________.
[Name of clerk], Clerk
[Designation of court]
By
Deputy