The attorney should consult sections 8.25 through 8.32 in this chapter before seeking attachment.
The application may be filed at commencement of the suit or at any time during its progress and must be supported by one or more affidavits. Tex. R. Civ. P. 592. An affidavit is at form 8-18. The application is discussed at section 8.26:1. In most counties, the clerk will prepare the writ of attachment and the return. In some cases, the attorney may wish to prepare them for the clerk.
For other forms of party designation, see section 14.10 in this manual. See section 14.2 regarding exercising caution in pleading conditions precedent. Under the paragraph setting out the facts, include in the allegation the appropriate specific ground for attachment from the list found at Tex. Civ. Prac. & Rem. Code § 61.002.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
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Use the same caption as in the original petition unless the cause has been transferred. |
Application for Writ of Attachment
1.Parties. [Name of plaintiff], Plaintiff, whose address is [address, city, state], makes this Application for Writ of Attachment. 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 and state grounds for issuing the writ. The following paragraph is a sample of fact and ground allegations; the actual allegations must be drafted to fit the situation. |
2.Facts. During the period from about January 29, 2018, through February 19, 2018, Plaintiff sold and delivered to Defendant face brick and fireplace equipment, which had a fair market value and agreed purchase price of $3,053.90. Plaintiff has made demand for this amount, but Defendant has not paid. Defendant has stated that he intends to sell his property and move to another state permanently and has refused to pay or secure the debt due Plaintiff.
3.Affidavit. Plaintiff is entitled to the issuance of a writ of attachment on the grounds stated in the attached affidavit. The affidavit is incorporated in this application by reference.
4.Conditions Precedent. All conditions precedent have been performed or have occurred.
5.Prayer. Plaintiff prays that a writ of attachment issue and that Plaintiff be granted all further relief to which Plaintiff may be entitled.
[Name]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]