If the plaintiff applies for an emergency sale, the application must be accompanied by a bond, for which form 28-6 in this chapter may be adapted. An affidavit is usually required also; see form 28-10.
For the caption, use the same docket number, style, and court designation as in the application for the distress warrant (form 28-3) 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 a district court with jurisdiction, and this application for emergency sale is directed to that court instead.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
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Use the caption designating the court to which the distress warrant was returnable. See form 28-8. |
Application for Emergency Sale of Perishable Property
[under Distress Warrant]
[Name of plaintiff], Plaintiff in this action, makes this Application for Emergency Sale of Perishable Property.
The [sheriff/constable] of [county] County, Texas, under a distress warrant has seized and holds [describe property], which is wasting, decaying, or greatly depreciating in value and will continue to do so before the underlying cause enforcing a lien on the property can be heard on its merits. The interest of justice will be served by selling the property and placing the proceeds in the registry of this Court.
An affidavit stating that the condition of the property requires its sale is attached to and incorporated in this application. Also attached is a bond to Defendant making Plaintiff responsible to Defendant in case the sale is illegally or unjustly applied for or made.
Plaintiff requests that the described property be sold as under ordinary execution and that the proceeds be placed in the registry of this Court.
[Name]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]