Texas Property Code 30.03 – Petition for Writ of Assistance
Current as of: 2024 | Check for updates
|
Other versions
(a) A repossession agent may file a petition in a justice court for a writ of assistance for the repossession of an aircraft.
(b) The repossession agent is entitled to the writ if the repossession agent establishes that:
(1) the aircraft is subject to the proposed repossession; and
(2) the repossession agent is authorized to engage in the repossession.
Terms Used In Texas Property Code 30.03
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(c) The petition for the writ must include a copy of:
(1) the security agreement relating to the aircraft;
(2) the notice of default under the security agreement sent by the lender to the borrower;
(3) the instrument in which a power of attorney for the repossession is granted to the repossession agent by the lender; and
(4) the results of a title search of the Federal Aviation Administration’s records for the aircraft.