Garnishment in Texas is a post-judgment remedy — a final judgment must exist before proceedings can begin. The writ is served on the garnishee (an employer or financial institution), not on the judgment debtor. Texas has strict exemptions that limit what can be garnished, making pre-service asset identification essential.
A writ of garnishment directs a third party — the garnishee — to hold the judgment debtor's assets in their possession (wages or bank accounts) pending court order. The garnishee must file an answer within 10 days disclosing what assets they hold.
In Texas, garnishment is governed by TRCP Rules 657-679. Because Texas has broad wage exemptions (wages of most employees are entirely exempt), bank account garnishment is far more common in practice. Only specific categories of non-exempt income — like contract payments to self-employed individuals — are reachable through wage garnishment.
The writ is served on the registered agent or authorized representative of the garnishee — typically the employer's HR department registered agent or a bank's registered agent of record with the Texas Secretary of State. Service on an unauthorized individual at the garnishee does not constitute valid service on the entity.
Garnishment begins a legally timed sequence: the garnishee has 10 days to answer after the writ is served. If the writ is not properly served — wrong individual, wrong registered agent, unverified entity identity — that 10-day clock never starts and the remedy stalls.
Texas has broad judgment debtor exemptions. Attempting to garnish exempt wages or protected accounts means serving the writ and getting an answer disclosing only exempt assets. Pre-service asset verification — identifying whether the garnishee actually holds non-exempt assets — prevents wasted execution.
If the garnishee fails to answer after valid service, a judgment may be entered against the garnishee itself. But that outcome requires demonstrably valid service as the foundation. A contested service record undermines the default against the garnishee.
TRCP Rule 103 — Who Can Serve: Writ of garnishment served on the garnishee (employer or bank) by any non-party adult 18+ authorized under TRCP Rule 103. Service is on the entity's registered agent — not the judgment debtor and not a random employee of the garnishee.
TRCP Rule 106 — Substitute Service: Substitute service on garnishees is rarely needed — registered agents are typically reachable. Rule 106 motion available if the registered agent cannot be located after documented attempts.
Final Judgment Confirmed
Copy of final judgment obtained. Court and case number confirmed. Garnishment cannot proceed without a final, non-appealed judgment.
Garnishee Identified
Employer or financial institution identified. Texas SOS lookup confirms current registered agent before dispatch.
Non-Exempt Assets Assessed
Assessment of whether garnishee likely holds non-exempt assets. Wage garnishment viability checked against Texas exemption rules.
Writ Applied For
Application for writ filed with the issuing court. Court issues writ directing garnishee to answer.
Writ Served on Garnishee
Writ personally served on garnishee's registered agent or authorized representative. Identity confirmed. Return documents delivery details.
Return Filed
Return filed with court. 10-day answer period begins. Failure to answer triggers potential default judgment against the garnishee.
Service on non-registered-agent employee
Delivering the writ to an HR employee, teller, or receptionist rather than the registered agent does not constitute valid service on the entity. The 10-day clock never starts.
Registered agent not verified before dispatch
Registered agent information is stale — the entity changed agents after the Texas SOS lookup. Service on the former agent may be challenged as invalid.
Exempt assets targeted
Texas wages are broadly exempt. Attempting garnishment against employee wages in most employment relationships produces an answer disclosing only exempt assets and no recovery.
No final judgment
Garnishment attempted before judgment is final — appeal still pending or judgment not yet entered. Pre-judgment garnishment requires a separate process and court order.
Return missing identity of person served
Affidavit states the writ was served on "an employee" without identifying the registered agent by name and authority. Insufficient for proving valid entity service.
Service is routed by defendant county and address. Primary execution jurisdictions below.
Garnishment proceedings appear in specific court tiers. The return of service must be formatted for the receiving clerk of the correct court.
Garnishment service has one non-negotiable requirement: serve the registered agent, not a random employee. For corporate garnishees with offices in Houston or Dallas, that means Texas SOS verification before dispatch and confirmed agent identity at delivery. Professional servers handle this as standard procedure.
For time-sensitive garnishment — where a judgment debtor is moving assets — professional service means intake-to-attempt the same day, with documented identity confirmation that protects the service record from challenge.
Start service for Garnishment in Texas
We route to the correct county, identify the right court, and execute with documented attempts.