Rule 664a.Dissolution or Modification of Writ of Garnishment

Last amended May 1, 2022 · Last verified June 28, 2026

In one sentenceRule 664a lets a defendant whose property or account has been garnished, or an intervening claimant, move to dissolve or modify the writ, with a prompt hearing — the garnishment counterpart to Rule 608.

Full Text of Rule 664a

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A defendant whose property or account has been garnished or any intervening party who claims an interest in such property or account, may file a motion to dissolve or modify the writ of garnishment, the order directing its issuance, or both for any grounds or cause, extrinsic or intrinsic. The motion must be sworn and must admit or deny each finding stated in the order directing the issuance of the writ. If the movant is unable to admit or deny a finding, the movant must state the reasons why the movant cannot admit or deny. If the movant seeks to dissolve or modify the writ or order based on personal property exemptions and provides the same information as in the Personal Property Claim Form approved by the Supreme Court, the court must follow the procedures provided by Rule 679b. A motion to dissolve or modify based on other grounds must be heard promptly, after reasonable notice to the plaintiff (which may be less than three days), and must be determined within ten days after the motion is filed, unless extended for good cause shown. The filing of the motion stays any further proceedings under the writ, except for any orders concerning the care, preservation, or sale of any perishable property, until a hearing is had, and the issue is determined. The writ must be dissolved unless, at such hearing, the plaintiff proves the statutory grounds relied upon for the writ’s issuance, but the court may modify its previous order granting the writ and the writ. The movant, however, has the burden to prove that the reasonable value of the property garnished exceeds the amount necessary to secure the debt, interest for one year, and probable costs. The movant also has the burden to prove facts to justify substitution of property. The court’s determination may be made upon the basis of sworn statements, if not challenged, setting forth such facts as would be admissible in evidence; otherwise, the parties must submit evidence. The court may make all such orders, including orders concerning the care, preservation, disposition, release, or substitution of property (or its proceeds if the property has been sold), as justice may require. If the movant has given a replevy bond, an order to dissolve the writ must vacate the replevy bond and discharge the sureties thereon. If the court modifies its order or the writ, it must make such further orders with respect to the bond as may be consistent with its modification.

End

Notes and Comments

Comment to 2022 change: Rule 664a is amended to implement section 22.0042 of the Texas Government Code and to conform with new Rule 679b. Other clarifying and stylistic changes have been made.

Plain-English Summary

Rule 664a, a due-process safeguard, lets the defendant challenge a garnishment. A defendant whose property or account has been garnished, or an intervening party claiming an interest, may file a motion to dissolve or modify the writ and the order, on any ground. The motion is heard promptly, and the plaintiff bears the burden to justify the writ. A 2022 amendment conformed the rule to the new exemption-protection procedures.

Frequently Asked Questions

How do you fight a garnishment in Texas?

File a motion to dissolve or modify it. Rule 664a requires a prompt hearing, with the plaintiff bearing the burden to justify the writ.

Does filing a motion under Rule 664a stop the garnishment?

Yes. Rule 664a stays further proceedings under the writ as soon as the motion is filed, except for orders protecting perishable property, until the court holds the hearing.

How fast must a Texas court rule on a motion to dissolve a garnishment?

Rule 664a requires a determination within ten days after the motion is filed, unless the court extends that deadline for good cause.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 664a), 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

Also known as: dissolution of writ of garnishmentmotion to dissolve garnishmentstay of garnishment proceedingssworn motion to dissolve writTRCP 664a