The order is discussed at section 8.17:5 in this chapter. Usually the hearing will be ex parte. See Tex. R. Civ. P. 696. For appearance by the defendant, modify the form as appropriate. The content of this form is based on the requirements set forth at Tex. R. Civ. P. 696, including the requirement that the order make specific findings of fact to support the statutory grounds under Tex. Civ. Prac. & Rem. Code § 62.001.
Describe each item of property to be sequestered “with such certainty that it may be identified and distinguished from property of a like kind, giving the value of each article of the property and the county in which it is located.” Tex. R. Civ. P. 696.
The court’s order must specify the amount of both the plaintiff’s sequestration bond and the defendant’s replevy bond. Tex. R. Civ. P. 696.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
|
Use the same caption as in the application for writ of sequestration at form 8-8. |
Order for Issuance of Writ of Sequestration
At the hearing on Plaintiff’s Application for Writ of Sequestration in this cause, Plaintiff appeared by and through his attorney of record. The hearing was conducted without notice to Defendant.
The Court finds that—
|
Specific findings of fact on specific statutory grounds must be made. The following are examples; the actual findings must be drafted to fit the facts. |
1.this cause is still pending in this Court;
2.Plaintiff is seeking damages from Defendant and [foreclosure/enforcement] of Plaintiff’s asserted [security interest/mortgage/lien] in the following property with value as stated: [describe property, including value];
3.the property is located in [city, county] County, Texas; and
|
The court’s order must make specific findings to support the statutory grounds found to exist; the following example tracks the specific grounds set forth in the application and affidavit at form 8-8. |
4.Defendant or the party in possession may conceal the property or remove it from the county during the pendency of this suit. Defendant refused to surrender possession of the property when specifically and rightfully requested by Plaintiff to do so. This refusal by Defendant constitutes an intentional concealment of the property and therefore jeopardizes Plaintiff’s [security interest/mortgage/lien] in the property.
It is therefore ORDERED that a writ of sequestration be issued, conditioned that Plaintiff must post a bond in the amount of $____________, payable to Defendant, conditioned and approved as required by law.
It is further ORDERED that Defendant may replevy any of the property by posting a bond in the amount of $____________, payable to Plaintiff, conditioned and approved as required by law.
SIGNED on ________________________________.
JUDGE PRESIDING
APPROVED AS TO FORM:
[Name]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]
|
If the application is granted, have the clerk issue a writ of sequestration (with application, affidavit, and order) for service on the defendant. |