Texas Estates Code 355.006 – Lost or Destroyed Evidence Concerning Claim
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Terms Used In Texas Estates Code 355.006
- 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.
- 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.
If evidence of a claim is lost or destroyed, the claimant or an authorized representative or agent of the claimant may make an affidavit to the fact of the loss or destruction. The affidavit must state:
(1) the amount, date, and nature of the claim;
(2) the due date of the claim;
(3) that the claim is just;
(4) that all legal offsets, payments, and credits known to the affiant have been allowed; and
(5) that the claimant is still the owner of the claim.