Form 8-3

This form assumes the hearing was ex parte. See Tex. R. Civ. P. 658. For appearances by the defendant or garnishee, modify the form as appropriate. Unless the defendant chooses to replevy under Tex. R. Civ. P. 664, the amount of the defendant’s replevy bond must be the amount of the plaintiff’s claim, plus one year’s accrual of interest if allowed by law on the claim, and estimated costs of court. Tex. R. Civ. P. 658.

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Order for Issuance of Prejudgment Writ of Garnishment

At the hearing on Plaintiff’s Application for Prejudgment Writ of Garnishment in this cause, Plaintiff appeared by and through his attorney of record. The hearing was conducted without notice to Defendant or Garnishee.

The Court finds that—

1.Defendant executed a promissory note payable to Plaintiff. The note was due on February 1, 2018, and was secured by a 2005 Dodge pickup truck, VIN 1234567890;

2.this note is in default, and there is currently due to Plaintiff from Defendant $5,000, which represents unpaid principal and interest on the note;

3.Defendant is in the process of going out of business;

4.Defendant has sold the above-described collateral in which Plaintiff has a security interest;

5.within Plaintiff’s knowledge, Defendant has no property in Defendant’s posses­sion in Texas subject to execution sufficient to satisfy the debt; and

6.the garnishment is not sought to injure Defendant or Garnishee.

It is therefore ORDERED that a prejudgment writ of garnishment be issued against [name of garnishee] for property or indebtedness in the maximum amount of $____________, conditioned that Plaintiff must post a bond in the amount of $____________, payable to Defendant, conditioned as required by law.

It is further ORDERED that Defendant may replevy part or all of the property or indebtedness by posting a bond in the amount of $____________, payable to Plaintiff, condi­tioned as required by law.

SIGNED on ________________________________.

   
JUDGE PRESIDING

APPROVED AS TO FORM:

   
[Name]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]