Replevy by the plaintiff is discussed at section 8.22 in this chapter. The amount of the replevy bond shall not be less than the amount fixed by the court’s order. Tex. R. Civ. P. 708.
For a form sequestration bond, which is to be filed with the application for the writ of sequestration, see form 8-4. If the sequestration bond is conditioned as provided in Tex. R. Civ. P. 708, the plaintiff will not be required to file this replevy bond. Tex. R. Civ. P. 698.
A surety company may be used in lieu of one or more individual sureties. See Tex. Ins. Code §§ 3503.001–.005. If individual sureties are used, two will probably be required, and the form should be so modified. The sufficiency of the surety or sureties is to be approved by the officer. Tex. R. Civ. P. 708.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
|
Use the same caption as in the application for writ of sequestration at form 8-8. |
Plaintiff’s Replevy Bond for Sequestered Property
WE, THE UNDERSIGNED, [name of plaintiff], Plaintiff, as principal and [name of surety] as surety, acknowledge ourselves bound to pay [name of defendant], Defendant, up to the sum of [number] dollars, conditioned that
|
Select one of the following. The first option is to be used for personal property and the second for real property. |
Plaintiff will have the sequestered property, in the same condition as when it is replevied, together with the value of its fruits, hire, or revenue, forthcoming to abide the decision of the Court; or that Plaintiff will pay its value, or the difference between its value at the time of replevy and the time of judgment (regardless of the cause of the difference in value and of the fruits, hire, or revenue of the same in case Plaintiff is condemned to do so).
|
Or |
Plaintiff will not injure the property and that Plaintiff will pay the value of the rents of the property if condemned to do so.
|
Continue with the following. |
SIGNED on ________________________________.
[Name of plaintiff]
Principal
[Name of surety company]
Surety
By:
Agent for Surety
APPROVED by ______________________________ on ____________________.
Levying Officer Date
APPROVED AS TO FORM:
[Name]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]