The application must be accompanied with one or more affidavits and served on the garnishee. Copies of the application, affidavit(s), and writ must also be served on the defendant in the original suit, but they can be served in any manner allowed by Tex. R. Civ. P. 21a. Tex. R. Civ. P. 663a. See form 27-12 in this chapter for a sample affidavit.
This form contains an allegation that the garnishment is not sought to injure either the judgment debtor or the garnishee. Although this allegation and finding is not specifically required by statute for postjudgment garnishment cases, at least one court has required it in a case involving more than one defendant. See Kisro v. Heard, 547 S.W.2d 322 (Tex. Civ. App.—Houston [1st Dist.] 1977, no writ).
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
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Leave a blank for the cause number. Style the pleading “[name of plaintiff], plaintiff, v. [name of garnishee], garnishee.” |
Application for Writ of Garnishment after Judgment
1.Parties. [Name of plaintiff], Plaintiff in garnishment, whose address is [address, city, state], makes this Application for Writ of Garnishment after Judgment. Garnishee is [name of garnishee], who may be served with citation at [address, city, state].
2.Facts. Plaintiff has a valid, subsisting judgment against Defendant, [name of defendant], whose address is [address, city, state], in Cause No. [number] in this Court. Within Plaintiff’s knowledge, Defendant does not possess property in Texas subject to execution sufficient to satisfy the judgment. This garnishment is not sought to injure Defendant or Garnishee.
3.Affidavit. Plaintiff is entitled to the issuance of a writ of garnishment on the grounds stated in the attached affidavit. The affidavit is incorporated in this application by reference.
4.Prayer. Plaintiff prays that—
a.a writ of garnishment be issued directed to Garnishee;
b.Plaintiff be granted judgment against Garnishee for the amount now due on Plaintiff’s judgment already rendered against Defendant, together with interest and costs of the suit in the original case and in this garnishment proceeding;
c.Plaintiff be granted judgment for prejudgment and postjudgment interest at the highest rate allowed by law; and
d.Plaintiff be granted all further relief to which Plaintiff may be entitled.
[Name]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]