Texas Writ of Garnishment: How to Freeze a Debtor's Bank Account

How Post-Judgment Garnishment Works in Texas

A writ of garnishment is a separate ancillary lawsuit that freezes funds a third party (usually a bank) holds on behalf of the judgment debtor. It's governed by Chapter 63 of the Texas Civil Practice and Remedies Code and TRCP Rules 657–679.

Unlike a writ of execution, which targets property in the debtor's physical possession, garnishment reaches nonexempt assets held by a third party for the debtor. The most common target is a bank account.

Filing the Application

To start the process, file an Application for Writ of Garnishment at the Justice Court along with a sworn affidavit. Your affidavit must state:

1. You hold a valid, final judgment
2. The debtor does not possess sufficient nonexempt property in Texas to satisfy the judgment through a writ of execution

That second requirement matters — garnishment is designed for situations where ordinary execution won't work. You need a factual basis for the statement and should be able to support it if challenged.

Pay the issuance fee ($5–$8 depending on the county) plus the constable or sheriff service fee. Service fees vary: $85 in Harris County, $90 in Tarrant County, up to $400 in Dallas County.

What Happens When the Bank Gets Served

The constable or sheriff serves the writ directly on the bank. The moment of service freezes all nonexempt funds in the debtor's accounts, up to the judgment amount.

The bank must file a written answer with the court disclosing every account held in the debtor's name and the balance in each. This answer is typically due within the timeframe specified in the writ.

Mandatory Notice to the Debtor

Under TRCP Rule 663a, you must serve the debtor with a copy of the writ and an explicit notice of their exemption rights immediately after the bank is served. This isn't optional; it gives the debtor notice of the exemption process.

The notice tells the debtor they can claim exempt funds by filing a Protected Property Claim Form with the court.

Protected Funds and Federal Benefits

Federal regulations under 31 CFR Part 212 add an automatic protection layer for bank accounts receiving federal benefits. When a bank receives a garnishment order, it must:

1. Review the account for the preceding two months
2. Calculate the total amount of directly deposited federal benefits (Social Security, SSI, VA benefits, Railroad Retirement)
3. Protect that amount from the freeze without any action from the debtor

This happens automatically — the debtor doesn't need to file a claim form for federal benefit protection. The bank handles it.

Once wages are deposited, they lose their status as current wages, but the debtor can claim other exemptions that apply to the account funds under TRCP Rule 679b. If the debtor files a Protected Property Claim Form, the court must hold an exemption hearing and rule within 10 days.

Wage Garnishment Is Not Available

Texas does not allow wage garnishment for ordinary civil judgments. Article XVI, Section 28 of the Texas Constitution prohibits garnishing current wages for personal service to satisfy a civil money judgment. The only exceptions are court-ordered child support, spousal maintenance, taxes, and federal student loans.

This is one of the strongest debtor protections in the country. For more on this rule, see Can You Garnish Wages in Texas.

After the Bank Answers

If the bank confirms it holds nonexempt funds, you can request the court enter a judgment in garnishment directing the bank to release those funds to you. If the debtor contests the garnishment or claims exemptions, the court schedules a hearing.

The timeline depends on service, the bank's answer, and any exemption dispute; if the debtor files an exemption claim, the court must rule within 10 days.

The complete judgment collection guide walks through garnishment alongside every other enforcement tool, with the forms and fee breakdowns for each step.

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