This affidavit is based on the requirements of Tex. R. Civ. P. 710. The affidavit is to be made by the plaintiff and attached to the application. Emergency sale of perishable goods is discussed at section 8.23 in this chapter. An application is at form 8-14.
The attorney should not swear to the truth of the facts on which the application is based. See section 19.17:3 in this manual.
[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 emergency sale at form 8-14. |
Affidavit for Emergency Sale of Perishable Property
[after Sequestration]
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/[other capacity, e.g., credit manager of Plaintiff]] in this cause. [Include if affiant is agent: I am authorized to make this affidavit and to apply for an order for emergency sale.]
“More than ten days have expired since the levy of the writ of sequestration, and Defendant has not replevied the property or dissolved the writ. The following property was seized under the writ: [describe property as in form 8-14]. This property is likely to [waste/greatly depreciate in value/be destroyed] if continued to be kept in storage, in that [state facts supporting allegation].”
[Name of affiant]
Affiant
SIGNED under oath before me on ________________________________.
Notary Public, State of Texas
Officer’s Certification of Affidavit
I CERTIFY on ____________________________ that the foregoing affidavit is true.
[Name of officer]
[Title of officer]