Form 8-20

The language of the writ is dictated by Tex. R. Civ. P. 594, 598a. Usually the form is provided by the clerk. Copies of the writ, application, affidavit(s), and order must be served on the defendant. Tex. R. Civ. P. 598a. The writ is discussed at section 8.28 in this chapter. The language in the notice to the defendant must be in ten-point type. Tex. R. Civ. P. 598a.

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Writ of Attachment

To the sheriff or any constable of any county within the state of Texas, greetings:

We command that you attach forthwith as much of the property of [name of defendant], if it is found in your county, repleviable on security, as shall be of value sufficient to make the sum of $[amount], and the probable costs of suit, to satisfy the demand of [name of plaintiff], and that you keep and secure in your hands the property so attached, unless replevied, that the same may be liable to further proceedings thereon to be had before our Court in [city], County of [county]. You will true return make of this writ on or before 10:00 a.m. of Monday, [date], showing how you have executed the same.

You are to display to the interested persons present at the time of the levy the follow­ing:

To [name of defendant], Defendant:

You are hereby notified that certain properties alleged to be owned by you have been attached. If you claim any rights in such property, you are advised:

You have a right to regain possession of the property by filing a replevy bond. You have a right to seek to regain possession of the property by filing with the Court a motion to dissolve this writ.

ISSUED on ________________________________.

   
[Name of clerk], Clerk
[Designation of court]