TX · rules
Tex. R. Civ. P. 592
Application for Writ of Attachment and Order
Either at the commencement of a suit or at any time during its progress the plaintiff may file an
application for the issuance of a writ of attachment. Such application shall be supported by
affidavits of the plaintiff, his agent, his attorney, or other pe rsons having knowledge of relevant
facts. The application shall comply with all statutory requirements and shall state the grounds for
issuing the writ and the specific facts relied upon by the plaintiff to warrant the required findings
by the court. The writ shall not be quashed because two or more grounds are stated conjunctively
or disjunctively. The application and any affidavits shall be made on personal knowledge and shall
set forth such facts as would be admissible in evidence; provided that facts ma y be stated based
upon information and belief if the grounds of such belief are specifically stated.
No writ shall issue except upon written order of the court after a hearing, which may be ex parte.
The court, in its order granting the application, shall make specific findings of facts to support the
statutory grounds found to exist, and shall specify the maximum value of property that may be
attached, and the amount of bond required of plaintiff, and, further shall command that the attached
property be kept safe and preserved subject to further orders of the court. Such bond shall be in an
amount which, in the opinion of the court, will adequately compensate the defendant in the event
plaintiff fails to prosecute his suit to effect, and to pay all damages and costs which may be
adjudged against him for wrongfully suing out the writ of attachment. The court shall further find
in its order the amount of bond required of defendant to replevy, which, unless the defendant
chooses to exercise his option as provided in Rule 599, shall be the amount of plaintiff's claim,
one year's accrual of interest if allowed by law on the claim, and the estimated costs of court. The
order may direct the issuance of several writs at the same time, or in succession, to be sent to
different counties.
Provenance
- Source
- txcourts.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-14
- Content hash
3bea60c46b910f7f5975aa91e854a3a29ce44d235bcbdda90256bf6f2c32ea15
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