The rules do not state who must make the affidavit in support of an application for emergency sale of perishable personal property. See Tex. R. Civ. P. 601. This form is drafted for execution by the plaintiff or the plaintiff’s agent. Emergency sale of perishable goods is discussed at section 8.31 in this chapter. This affidavit is to be attached to the application; see form 8-23. The attorney should not swear to the truth of the facts on which the application is based. See sections 8.3:2 and 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 8-23. |
Affidavit for Emergency Sale of Attached Property
[after 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 an order for emergency sale.]
“Since levy of the writ of attachment in this cause, sufficient time has passed for Defendant to replevy the property or dissolve the writ. The following property was seized under the writ: [describe property as in form 8-17]. This property is likely to [waste/decay/cause great expense/greatly deteriorate in value] 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