A copy of the writ, application and affidavit, and order must be served on the defendant. Tex. R. Civ. P. 700a. Usually the form is provided by the clerk. The language in the notice to the defendant of his right to file a replevy bond and seek dissolution of the writ is from Tex. R. Civ. P. 699, 700a. The time frame for the officer’s return is dictated by Tex. R. Civ. P. 15. The writ is discussed at section 8.19 in this chapter.
Describe each item of property “with such certainty that it may be identified and distinguished from property of a like kind.” Tex. R. Civ. P. 696; see Tex. R. Civ. P. 699 (“describing the same as it is described in the application or affidavits”).
The language in the notice to the defendant must be in ten-point type. Tex. Civ. Prac. & Rem. Code § 62.023; Tex. R. Civ. P. 699.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
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Use the same caption as in the application for writ of sequestration at form 8-8. |
Writ of Sequestration
To the sheriff or any constable of any county within the state of Texas, greetings:
Plaintiff has applied for and given bond for a writ of sequestration in this cause, which is now pending in this Court. You are therefore commanded to take into your possession, if it is found in your county, the following property: [describe property]. You are commanded to keep the property safe and preserved, subject to the further order of this Court, unless it is replevied.
Herein fail not, but have you this writ, with your return showing how you have executed it, before this Court on or before the Monday next after the expiration of twenty days from the date the writ 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 claimed by you have been sequestered. 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 writ.
ISSUED on ________________________________.
[Name of clerk], Clerk
[Designation of court]
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Prepare officer’s return if needed (form 8-12). |