§ 63.002.Who May Issue

Who issues the writ, and the list is narrower than the attachment chapter’s in one respect.

The clerk of a district court, a county court, or the business court or a justice of the peace may issue a writ of garnishment returnable to the clerk’s court.

The attachment chapter names "the judge or clerk"; this names the clerk alone (and a justice of the peace, who is both).

The practical result is the same, since a clerk may issue either writ — but the drafting difference is worth noting for anyone comparing the two chapters.

Issuance by a clerk is significant given what the writ does. Service freezes the garnishee’s obligations to the defendant immediately, and a bank account can be locked before the defendant knows a writ exists.

The protections are in the grounds rather than in the issuing officer. The affidavit must be sworn, and a pre-judgment writ requires the plaintiff to swear that the defendant lacks sufficient other property.

The business court was added when that court was created, matching the same addition in the attachment chapter.

"Returnable to the clerk’s court" ties the garnishment to the court whose clerk issued it, which is where the garnishee answers and where any controverting affidavit is filed.

The place of trial provision then supplies an exception, moving a contested answer to the garnishee’s county in some circumstances.