3 Dorsaneo, Texas Litigation Guide § 40.08

Summary

• [1] Definition

  A wrongful sequestration occurs if a plaintiff causes a writ of sequestration to issue when none of the grounds exist for issuing such a writ, or when the plaintiff does not comply with statutory and procedural requirements governing the issuance and execution of the writ [see Callaway v. East Texas Government Credit Union, 619 S.W.2d 411, 414 (Tex. Civ. App.—Tyler 1981, writ ref’d n.r.e.); Graham v. Walters, 45 S.W.2d 281, 282 (Tex. Civ. App.—Waco 1931, no writ); see also Tex. Civ. Prac. & Rem. Code § 62.001—grounds for writ; § 40.02—grounds for sequestration]. If a writ of sequestration is obtained on false or untrue grounds, good faith on the part of the sequestering plaintiff will not insulate him or her from liability for actual damages. A finding of good faith in the issuance of a writ of sequestration will merely prevent an award of exemplary damages [see Cleveland State Bank v. Turner, 278 S.W. 1107, 1112 (Tex. Civ. App.—Beaumont 1925, no writ); see also [6][d], ...