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Tex. Civ. Prac. & Rem. Code § 63.001

GROUNDS

Applied in 36 court decisions — leading case Owen Electric Supply, Inc. v. Brite Day Construction, Inc. (1991)

Most recently applied in Leslie Wm. Adams & Associates v. AMOCO Federal Credit Union (September 2017)

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff

How often courts cite this section

1986199020002010201730
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

A writ of garnishment is available if:

(1) an original attachment has been issued;

(2) a plaintiff sues for a debt and makes an affidavit stating that:

(A) the debt is just, due, and unpaid;

(B) within the plaintiff's knowledge, the defendant does not possess property in Texas subject to execution sufficient to satisfy the debt; and

(C) the garnishment is not sought to injure the defendant or the garnishee; or

(3) a plaintiff has a valid, subsisting judgment and makes an affidavit stating that, within the plaintiff's knowledge, the defendant does not possess property in Texas subject to execution sufficient to satisfy the judgment.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.