Rule 661.Form of Writ
Last verified June 28, 2026
In one sentenceRule 661 supplies a suggested form for the writ of garnishment, addressed to the garnishee and commanding it to answer what it owes or holds for the defendant.
Full Text of Rule 661
The following form of writ may be used: “The State of Texas. To E.F., Garnishee, greeting: Whereas, in the __________ Court of __________ County (if a justice court, state also the number of the precinct), in a certain cause wherein A.B. is plaintiff and C.D. is defendant, the plaintiff, claiming an indebtedness against the said C.D. of _____ dollars, besides interest and costs of suit, has applied for a writ of garnishment against you, E.F.; therefore you are hereby commanded to be and appear before said court at ______ in said county (if the writ is issued from the county or district court, here proceed: at 10 o'clock a.m. on the Monday next following the expiration of twenty days from the date of service hereof.' If the writ is issued from a justice of the peace court, here proceed: at or before 10 o'clock a.m. on the Monday next after the expiration of ten days from the date of service hereof.' In either event, proceed as follows:) then and there to answer upon oath what, if anything, you are indebted to the said C.D., and were when this writ was served upon you, and what effects, if any, of the said C.D. you have in your possession, and had when this writ was served, and what other persons, if any, within your knowledge, are indebted to the said C.D. or have effects belonging to him in their possession. You are further commanded NOT to pay to defendant any debt or to deliver to him any effects, pending further order of this court. Herein fail not, but make due answer as the law directs.”
End
Plain-English Summary
Rule 661 provides a model writ of garnishment. The form is addressed to the named garnishee, recites the suit and the court, and commands the garnishee to appear and answer under oath what it is indebted to the defendant, what effects of the defendant it holds, and what other persons it knows are indebted to or hold effects of the defendant.
Frequently Asked Questions
Is there a standard garnishment writ form in Texas?
Yes. Rule 661 supplies a suggested form for the writ.
Can the garnishee pay the defendant after being served with the writ in Texas?
No. Rule 661's form commands the garnishee not to pay any debt or deliver any effects to the defendant pending further order of the court.
What must the garnishee do under the form writ in Rule 661?
Appear and answer under oath what it owes the defendant, what effects of the defendant it holds, and what other persons it knows owe the defendant or hold the defendant's effects.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 661), published by the Texas Judicial Branch (txcourts.gov).
Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. ·
Official source
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