Texas Civil Practice and Remedies Code 61.022 – Affidavit
(a) Except as provided by Subsection (a-1), to apply for a writ of attachment, a plaintiff or the plaintiff’s agent or attorney must file with the court an affidavit that states:
(1) general grounds for issuance under Sections 61.001(1), (2), and (3);
(2) the amount of the demand; and
(3) specific grounds for issuance under Section 61.002.
(a-1) To apply for a writ of attachment under Section 61.0021, a plaintiff or the plaintiff’s agent or attorney must file with the court an affidavit that states:
(1) general grounds for issuance under Sections 61.001(2) and (3);
(2) specific grounds for issuance under Section 61.0021(a); and
(3) the amount of the demand based on the estimated cost of counseling and medical needs of the plaintiff.
Terms Used In Texas Civil Practice and Remedies Code 61.022
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- 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.
(b) The affidavit shall be filed with the papers of the case.