3 Dorsaneo, Texas Litigation Guide § 42.03

Summary

• [1] Defined

  A writ of garnishment is a form directed to the garnishee that tells the garnishee when and where to appear to answer questions concerning the garnishee’s indebtedness to the defendant, any effects of the defendant’s that are in the possession of the garnishee, and any other potential garnishees. The writ also forbids the garnishee from paying any debt to the defendant or delivering any of the defendant’s effects to him or her [see Tex. R. Civ. P. 661; [9], below]. For a form of writ, see § 42.103.

• [2] Availability
  • [a] General Rule

    According to Texas statute, a writ of garnishment is available under any of the following three circumstances [Tex. Civ. Prac. & Rem. Code § 63.001; but see [b]–[d], below]:

    1. An original attachment has been issued [see ch. 41, Attachment].

    2. The plaintiff is suing for a debt and makes an affidavit stating that: (a) the debt is just, due, and unpaid; (b) within the plaintiff’s knowledge, the defendant does not possess property in Texas subject to ...