Form 8-5

The form of the writ, including clauses governing time for the garnishee to appear, is set forth in Tex. R. Civ. P. 661. Usually the writ is provided by the clerk. Additional language must be included in the copy of the writ served on the defendant. For a notice to be served on the defendant, see form 8-7 in this chapter.

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

Writ of Garnishment to Be Served on Garnishee

To [name of garnishee], Garnishee:

WHEREAS, in the [designation] Court of [county] County [include the number of the precinct if a justice court], in a certain cause where [name of plaintiff] is Plaintiff and [name of defendant] is Defendant, Plaintiff, claiming an indebtedness against [name of defendant] of $[amount], besides interest and costs of suit, has applied for a writ of garnishment against you, [name of garnishee]; therefore you are hereby commanded to appear before the Court at [loca­tion of court]

at 10:00 a.m. on the Monday next after the expiration of twenty days from the date of service of this writ,

at or before 10:00 a.m. on the Monday next after the expiration of ten days from the date of service of this writ,

then and there to answer on oath what, if anything, you are indebted to [name of defendant] and were indebted when this writ was served on you, and what effects, if any, of [name of defendant] you have in your possession and had when this writ was served, and what other persons, if any, within your knowledge, are indebted to [name of defendant] or have effects belonging to Defendant in their possession. You are further commanded NOT to pay to Defendant any debt or to deliver to Defendant any effects, pending further order of this Court. Herein fail not, but make due answer as the law directs.

ISSUED on ________________________________.

   
[Name of clerk], Clerk
[Designation of court]