Perishable personal property that has been sequestered may be sold during pendency of the suit under conditions outlined in Tex. R. Civ. P. 710. The sale of perishable goods is discussed at section 8.23 in this chapter. Tex. R. Civ. P. 710 requires an affidavit and that the officer having possession of the property certify to the truth of the affidavit. This form includes a request that the property be sold as under ordinary execution. See Tex. R. Civ. P. 711.
[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. |
Application for Emergency Sale of Perishable Property
[after Sequestration]
[Name of plaintiff], Plaintiff in this action, makes this Application for Emergency Sale of Perishable Personal Property.
The [sheriff/constable] of [county] County, Texas, under writ of sequestration has seized and holds [describe property as in form 8-8]. This property is likely to be wasted, destroyed, or greatly depreciated in value before this cause can be heard on its merits, greatly lessening the amount likely to be realized from the property. The interest of justice will be served by selling the property and placing the proceeds in the registry of this Court.
An affidavit, certified by the officer and stating that the condition of the property requires its sale, is attached to and incorporated in this application.
Plaintiff requests that the described property be sold as under ordinary execution, as provided for by rule 710 of the Texas Rules of Civil Procedure, 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]