The defendant is to receive a copy of the application, affidavit(s), order, and writ of garnishment. Tex. R. Civ. P. 663a. The writ is the same as the one to be served on the garnishee, except it must contain the additional notice set forth in Tex. R. Civ. P. 663a. The notice must be “prominently displayed on the face of the copy of the writ served on the defendant, in ten-point type and in a manner calculated to advise a reasonably attentive person of its contents.”
Service may be as provided by Tex. R. Civ. P. 21a, which includes service by registered or certified mail or by telephonic document transfer. For a writ to be served on the garnishee and adapted for service on the defendant, see form 8-5 in this chapter.
Proof of service of the writ of garnishment on the defendant may be documented with this form, which is to be used as a cover sheet for the writ.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
|
Use the same caption as in the application for writ of garnishment at form 8-1. |
Notice of Garnishment
To [name of defendant], Defendant:
You are hereby notified that certain properties alleged to be owned by you have been garnished. If you claim any rights in such property, you are advised:
You have a right to regain possession of the property by filing a replevy bond. You have a right to seek to regain possession of the property by filing with the Court a motion to dissolve this writ.
[Name]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]