§ 61.045.Attachment of Personalty Held by Financial Institution
Title 3. Extraordinary Remedies · Chapter 61. Attachment · Subchapter C. Levy · Last amended 1999 · Last verified August 29, 2026
Full Text of § 61.045
Plain-English Summary
One sentence directing the reader elsewhere, and the redirection is deliberate.
Service of a writ of attachment on a financial institution relating to personal property held by the financial institution in the name of or on behalf of a customer is governed by Section 59.008, Finance Code.
The provision referred to centralises service on banks, requiring process to go to a registered address or to a designated officer rather than to any branch.
The problem it solves is one of scale. A large institution has hundreds of locations and millions of accounts, and service on a teller at one branch cannot reasonably bind the whole enterprise.
Centralised service produces a workable rule for both sides. The creditor knows where to serve, and the institution knows where writs will arrive and can respond within the time the law allows.
The same redirection appears in the garnishment chapter and in the turnover statute, so all three routes to a bank-held asset run through the same provision.
That consistency is the point. A financial institution should not have to distinguish between an attachment, a garnishment and a receivership order to know how service works.
The section covers property held "in the name of or on behalf of a customer", which reaches accounts held in trust or as agent as well as accounts in the customer’s own name.
What is not changed is the substance. Whether the property may be attached at all is governed by this chapter; only service is redirected.
Frequently Asked Questions
How is a bank served with a writ of attachment?
Under Section 59.008 of the Finance Code, which centralises service rather than allowing it at any branch.
Does the same rule apply to garnishment?
Yes. The garnishment chapter directs service on a financial institution to the same provision.
Does it change what can be attached?
No. Only the manner of service is governed by the Finance Code provision.
Amendment History
- Added by Acts 1999, 76th Leg., ch. 344, Sec. 7.003, eff. Sept. 1, 1999.