Texas Civil Practice and Remedies Code 62.045 – Wrongful Sequestration of Consumer Goods
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(a) If a writ that sought to sequester consumer goods is dissolved, the defendant or party in possession of the goods is entitled to reasonable attorney’s fees and to damages equal to the greater of:
(1) $100;
(2) the finance charge contracted for; or
(3) actual damages.
(b) Damages may not be awarded for the failure of the plaintiff to prove by a preponderance of the evidence the specific facts alleged if the failure is the result of a bona fide error. For a bona fide error to be available as a defense, the plaintiff must prove the use of reasonable procedures to avoid the error.
Terms Used In Texas Civil Practice and Remedies Code 62.045
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(c) In this section, “consumer goods” has the meaning assigned by the Business & Commerce Code.