Texas Civil Practice and Remedies Code 65.042 – Bond Not Required for Issuance of Temporary Injunction for Certain Indigent Applicants
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(a) A court may not require an applicant for a temporary injunction to execute a bond to the adverse party before the injunction may issue if:
(1) the applicant submits an affidavit that meets the requirements of Section 65.043 to the court; and
(2) the court finds that the injunction is intended to enjoin the adverse party from foreclosing on the applicant’s residential homestead.
(b) If the affidavit submitted under Subsection (a)(1) is contested under Section 65.044, the court may not issue a temporary injunction unless the court finds that the applicant is financially unable to execute the bond.
Terms Used In Texas Civil Practice and Remedies Code 65.042
- 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
- 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.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.