Perishable personal property that has been attached may be sold during pendency of the suit under conditions outlined in Tex. R. Civ. P. 600. The sale of perishable goods is discussed at section 8.31 in this chapter.
[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. |
Application for Emergency Sale of Perishable Property
[after Attachment]
[Name of plaintiff], Plaintiff in this action, makes this Application for Emergency Sale of Perishable Property.
The [sheriff/constable] of [county] County, Texas, under writ of attachment has seized and holds [describe property as in form 8-17]. 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 stating that the condition of the property requires its sale is attached to this application and incorporated by reference. Also attached is a bond to Defendant making Plaintiff responsible to Defendant in case the sale is illegally or unjustly applied for or made.
Plaintiff requests that the described property be sold as under ordinary execution, as provided for by rule 600 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]