Form 28-7

Tex. R. Civ. P. 612 sets out the requisites for a distress warrant, and Tex. R. Civ. P. 613 discusses ser­vice on the defendant. See section 28.32 in this chapter regarding distress warrants generally.

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Distress Warrant to Be Served on Defendant

To the sheriff or any constable of any county within the state of Texas, greetings:

Plaintiff has applied for and given bond for a distress warrant. You are therefore com­manded to take into your possession, if it is found in your county, the following personal property: [describe property]. You are commanded to keep the property safe and preserved, subject to further orders of the court having jurisdiction, unless it is replevied.

Herein fail not, but have you this warrant, with your return showing how you have exe­cuted it, before this Court on the first day of the next succeeding term of court at [date and time] at [address of court].

Herein fail not, but have you this warrant, with your return showing how you have exe­cuted it, before [designation of court to which warrant is returnable] on or before the Monday next after the expiration of twenty days from the date the warrant is served.

You are to display to the interested persons present at the time of the levy the follow­ing:

To [name of defendant], Defendant:

You are hereby notified that certain properties alleged to be owned by you have been seized. If you claim any rights in such property, you are advised:

You have a right to regain possession of the property by filing a replevy bond. You have a right to seek to regain possession of the property by filing with the Court a motion to dissolve this warrant.

ISSUED on ________________________________.

   
[Name of clerk], Clerk
[Designation of court]