The form of the bond is suggested by Tex. R. Civ. P. 592b. Bonds are discussed at sections 8.13:2 (prejudgment garnishment), 8.18 (sequestration), and 8.27 (attachment) in this chapter. A surety company may be used in lieu of one or more individual sureties. See Tex. Ins. Code §§ 3503.001–.005. If individual sureties are used, two will probably be required, and the form should be so modified. Duplicate originals should be prepared and executed, one for the clerk and the other for the sheriff or constable. See form 8-13 for a plaintiff’s replevy bond for sequestered property and form 8-31 for a bond to a defendant for an injunction. If this form is used for a writ of sequestration, the plaintiff may add the conditions required by Tex. R. Civ. P. 708 for a replevy bond (see form 8-13); no separate replevy bond will then be required.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Bond to Defendant for [Writ of Attachment/Writ of Sequestration/Writ of Prejudgment Garnishment]
WE, THE UNDERSIGNED, [name of plaintiff], Plaintiff, as principal and [name of surety] as surety, acknowledge ourselves bound to pay [name of defendant], Defendant, up to the sum of [number] dollars, conditioned that Plaintiff will prosecute this cause to effect and that Plaintiff will pay to the extent of the penal amount of this bond all damages and costs as may be adjudged against Plaintiff for wrongfully suing out this [type of remedy sought, e.g., writ of attachment].
SIGNED on ________________________________.
[Name of plaintiff]
Principal
[Name of surety company]
Surety
By
Agent for Surety
APPROVED on ________________________________.
[Name of clerk], Clerk
[Designation of court]
By
Deputy