Texas Civil Practice and Remedies Code 61.001 – General Grounds
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Terms Used In Texas Civil Practice and Remedies Code 61.001
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
A writ of original attachment is available to a plaintiff in a suit if:
(1) the defendant is justly indebted to the plaintiff;
(2) the attachment is not sought for the purpose of injuring or harassing the defendant;
(3) the plaintiff will probably lose his debt unless the writ of attachment is issued; and
(4) specific grounds for the writ exist under Section 61.002.