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Chapter 28

Form 28-8

A return is usually included in the form warrant furnished by the clerk. If the attorney prepares the warrant, a return should be provided. For the caption, use the same docket number, style, and court designation as in the application for the distress warrant if the justice court retains jurisdiction. How­ever, if the value of the property exceeds the jurisdictional limits of the justice court, the distress war­rant is returned to the district court with proper jurisdiction. In that case this officer’s return will bear the docket number and court designation appropriate for the district court.

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

Use the caption designating the appropriate court to which the distress warrant should be returned.

Officer’s Return for Distress Warrant

CAME TO HAND at ________ __.m. on the ______ day of ________________ and executed at ________ __.m. on the ______ day of ________________ at ________________, ____________________ County, Texas, by taking into possession the following property:
____________________________________________________________________________________________________________________________________________________________________________________________________________________________.

This property remains in my custody, subject to the further order of the court having jurisdiction.

The distance actually traveled by me in execution of this process was ____ miles, and my fees are $____________.

   
SHERIFF OR CONSTABLE