This affidavit is to be executed by the plaintiff, his agent or attorney, or someone having knowledge of relevant facts. The affidavit is to be attached to the application; see form 8-17 in this chapter. The affidavit is discussed at section 8.26:3.
The attorney should use the appropriate ground(s) stated in Tex. Civ. Prac. & Rem. Code § 61.002 and state material facts. The facts should not be stated in a conclusory fashion but should go beyond a “bare assertion of fact.” The affidavit should carefully track the facts and grounds presented in the application. The facts stated should be admissible in evidence.
[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 attachment at form 8-17. |
Affidavit for Writ of Attachment
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 a writ of attachment in this cause.]
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Select one of the following. |
“I have personal knowledge of the facts stated in this affidavit, and they are true and correct.
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Or |
“I make this affidavit on information and belief. The basis for that belief is the following: [state specific grounds for belief].
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Continue with the following. |
“In this suit, now pending in this Court, Plaintiff is seeking damages from Defendant, [include if applicable: a resident of [county] County, Texas,] alleging [describe type of action, e.g., an unpaid debt].
“Defendant is justly indebted to Plaintiff. This attachment is not sued out for the purpose of injuring or harassing Defendant, and Plaintiff will probably lose the debt unless an attachment is issued.
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The following paragraph is a sample fact allegation; the actual allegations must be drafted to fit the 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. I have made demand for this amount, but Defendant has refused to pay or secure his debt. Defendant has stated to me that he intends to sell his property and move to another state.
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Continue with the following. |
“In the suit against Defendant, Plaintiff has alleged that Defendant has damaged Plaintiff in the amount of $[amount]. Plaintiff should be permitted to attach property of Defendant in that amount.”
[Name of affiant]
Affiant
SIGNED under oath before me on ________________________________.
Notary Public, State of Texas