The affidavit is to be executed by the plaintiff, his agent, his attorney, or someone having knowledge of relevant facts. Tex. R. Civ. P. 658; see also Tex. Civ. Prac. & Rem. Code § 63.001. The affidavit is to be attached to the application for writ of garnishment (form 27-11). The manual committee recommends that the attorney not execute any affidavit for a client; see section 19.17:3 in this manual.
This form contains language not specifically required by rule or statute but that the manual committee finds prudent to include. This language includes (1) a statement that the garnishment is not sought to injure either the judgment debtor or the garnishee; (2) the statement “I have reason to believe and do believe that Garnishee has property belonging to Defendant or is indebted to Defendant”; and (3) the affiant’s statement of the specific grounds for any belief he may have that is stated in the affidavit. See El Periodico, Inc. v. Parks Oil Co., 917 S.W.2d 777, 779 (Tex. 1996); Tex. R. Civ. P. 658.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
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Use the same caption as in the application for writ of garnishment at form 27-11. |
Affidavit for Writ of Garnishment after Judgment
BEFORE ME, the undersigned authority, on this day personally appeared [name of affiant], who swore on oath that the following facts are true:
“I am [Plaintiff/[other capacity, e.g., credit manager of Plaintiff]] in this cause. [Include if affiant is agent: “I am authorized to make this affidavit and application for a writ of garnishment in this cause.]
“I have personal knowledge of the facts stated in this affidavit, and they are true and correct.
“Plaintiff owns a judgment against [name of defendant], Defendant, which was rendered on [date] by this Court. The judgment is valid and subsisting, and a supersedeas bond has not been approved and filed to suspend execution of the judgment. The amount now due and unpaid on the judgment is $[amount].
“Within my 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.
“I have reason to believe and do believe that Garnishee has property belonging to Defendant or is indebted to Defendant. This belief is based on [state facts supporting belief, which may include specific bank account numbers acquired through discovery or from previous payments made by the defendant].”
[Name of affiant]
Affiant
SIGNED under oath before me on ___________________________________.
Notary Public, State of Texas