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.
Many times a garnishment is the best way to resolve the dispute.
- The Abstract
- Writ of Garnishment
- Post-Judgment Investigation
- Post-Judgment Written Discovery
- Post-Judgment Deposition
- Motion to Compel
- Motion for Contempt
- Arresting the Debtor
- Discovery Has No Limits
- Motion for Turnover
- Appointing a Receiver
- Writ of Execution
- Property Exempt from Execution
- Spousal Property
Questions About Writs of Garnishment
What is a writ of garnishment and how does it work?
A writ of garnishment is a court order directed at a third party, most commonly a bank, that is holding assets belonging to the judgment debtor. The order requires that third party to surrender those assets to satisfy the judgment. In plain terms: we go to the court, get an order, serve it on the debtor's bank, and, absent a valid exemption claim by the debtor, the bank turns over the funds in the debtor's account.
What information do you need to file a writ of garnishment against a bank account?
We need the name of the bank, the proper name on the account, and ideally the account number. All of this can be obtained from a canceled check the debtor previously wrote to you. This is exactly why we tell every business client to keep copies of all checks received from customers. That information becomes a direct enforcement tool if the relationship sours.
What does a writ of garnishment cost?
The law requires the creditor to pay the bank's attorney's fees, but in practice that figure is typically low — usually just a few hundred dollars — and is paid out of whatever funds the bank holds in the debtor's name. We have established relationships with lawyers for most major banks, which helps keep that exposure predictable and minimal.
What if the debtor moves their money before the writ is served?
Timing and surprise are essential to a successful garnishment. We move quickly once we decide to proceed. If a debtor has moved funds in anticipation of a garnishment, that transaction may itself be a fraudulent transfer that can be challenged. The bank account information from old checks, combined with post-judgment discovery, helps us track where money actually is.
Can a garnishment resolve the entire dispute?
Often yes. Many debtors, when their bank account is frozen or seized, find the motivation to negotiate a full settlement that they previously lacked. A successful garnishment that captures a significant portion of what is owed frequently brings the debtor to the table to resolve the balance. It is a direct, effective tool, and we use it often.
Is a writ of garnishment different from a writ of execution?
Yes. A writ of garnishment targets assets held by a third party on the debtor's behalf — most commonly bank accounts. A writ of execution directs a sheriff or constable to seize the debtor's own non-exempt property directly. Both are enforcement tools, applied in different situations depending on where the debtor's assets are located.