To prevent destruction or waste of the property in which a worker’s lien is claimed and to avoid losing the property to a bona fide purchaser, the claimant should seek to sequester the property at the time the suit to foreclose the lien is filed; see section 7.1:5 in this chapter. A petition to foreclose a worker’s lien is at form 7-2. Additional sequestration forms are at forms 8-8 through 8-16. See section 14.10 for other forms of party designation. In most counties, the clerk will prepare the writ of sequestration and the return. In some cases, the attorney may wish to prepare them for the clerk.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
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Use the same caption as in the petition and application to foreclose the worker’s lien unless the cause has been transferred. |
Application and Affidavit for Writ of Sequestration in Suit on Worker’s Lien
1.Parties. Plaintiff [name of plaintiff], whose address is [address, city, state], makes this Application for Writ of Sequestration. Defendant is [name of defendant], who can be served with citation at [address, city, state].
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State specific facts relied on by the plaintiff to warrant the required findings by the court. The following paragraphs are sample allegations; the actual allegations must be drafted to fit the facts. |
2.Facts. In this suit, now pending in this Court, Plaintiff is seeking damages from Defendant and foreclosure or enforcement of a lien under section 58.002 of the Texas Property Code in the following personal property: [describe each item of property with sufficient certainty that it can be identified and distinguished from similar property]. Each item of property has the following value: [list each item and its value]. All this property is in Defendant’s possession at [address, city, county] County, Texas.
3.Lien. On [date], Plaintiff as employee and Defendant as employer entered into a contract by which Defendant employed Plaintiff to provide labor or services as a [type of employment] to [describe work] at Defendant’s [type of premises], located at [address, city, county] County, Texas. The work was performed for Defendant’s benefit. Under the terms of the contract, Defendant was obligated to pay Plaintiff, as wages for labor or services rendered, $[amount] per [time period]. Defendant now owes Plaintiff $[amount] but refuses to pay Plaintiff. Plaintiff holds a worker’s lien on this property under section 58.002 of the Texas Property Code, which was fixed on [date].
4.Grounds. Defendant refused to surrender possession of the property when specifically and rightfully requested by Plaintiff to do so. This refusal by Defendant is an intentional concealment of the property and therefore jeopardizes Plaintiff’s lien on the property. Plaintiff fears that Defendant may dispose of or further conceal the property or may convey the property to a third party without notice of Plaintiff’s claim to a lien on the property.
5.Prayer. Plaintiff prays that a writ of sequestration issue and that Plaintiff receive all further relief to which Plaintiff may be entitled.
[Name]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]
Affidavit
BEFORE ME, the undersigned authority, on this day personally appeared [name of affiant], who swore on oath that the following facts are true:
“I am Plaintiff in this cause.
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Select one of the following. |
“I have personal knowledge of the facts stated above, and they are true and correct.”
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Or |
“I make this affidavit on information and belief. The basis for that belief is the following: [state specific grounds for belief].”
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Continue with the following. |
[Name of affiant]
Affiant
SIGNED under oath before me on ________________________________.
Notary Public, State of Texas