Writ of Garnishment in Texas
A Writ of Garnishment can be effective in Texas, if you have reliable information on the debtor.
Writ of Garnishment is an order of the court to a third party (like a bank) that is in possession of assets owned by the judgment-debtor to surrender those assets to the court to satisfy the judgment. Extreme caution is advised in this matter because the traps are many. For a Texas collections lawyer to apply for a writ of garnishment, they need information on the debtor: the bank, the proper name of the account, etc. The account number is very useful. All of this can be obtained from an old canceled check. This is a good reason to always keep a copy of every check written to you. If you have copies of the checks, then you will have useful information when the debtor eventually fails to pay you.
What is the exposure? The law says you must pay the bank’s attorney’s fees. But that figure is usually quite low and is paid out of any funds held by the bank in the debtor’s name. We have relationships developed with the lawyers for most banks. So we are able to keep that exposure down to just a few hundred dollars in most cases.