Rule 670.Refusal to Deliver Effects

Last verified June 28, 2026

In one sentenceRule 670 provides that if a garnishee adjudged to hold effects of the defendant fails or refuses to deliver them, the garnishee is cited to show cause why it should not be attached for contempt, and may be fined and imprisoned until it delivers the effects.

Full Text of Rule 670

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Should the garnishee adjudged to have effects of the defendant in his possession, as provided in the preceding rule, fail or refuse to deliver them to the sheriff or constable on such demand, the officer shall immediately make return of such failure or refusal, whereupon on motion of the plaintiff, the garnishee shall be cited to show cause upon a date to be fixed by the court why he should not be attached for contempt of court for such failure or refusal. If the garnishee fails to show some good and sufficient excuse for such failure or refusal, he shall be fined for such contempt and imprisoned until he shall deliver such effects.

End

Plain-English Summary

Rule 670 backs up the delivery order. Should a garnishee adjudged to have effects of the defendant fail or refuse to deliver them to the officer, the plaintiff may move to have the garnishee cited to show cause why it should not be attached for contempt, and the court may fine the garnishee and imprison it until it delivers the effects — so a garnishee cannot withhold the property.

Frequently Asked Questions

What if a garnishee won't turn over the debtor's property in Texas?

The plaintiff can move to have it cited for contempt — Rule 670 lets the court fine it and jail it until it delivers the effects.

Can a Texas garnishee be jailed for refusing to hand over property?

Yes. Rule 670 lets the court fine the garnishee and imprison it until it delivers the effects, unless it shows a good and sufficient excuse.

Who starts the contempt process against a garnishee who won't deliver property?

Rule 670 puts it in the plaintiff's hands — the plaintiff moves the court after the officer returns proof of the garnishee's failure or refusal.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 670), 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: refusal to deliver effectscontempt garnishee refusalgarnishee held in contemptTRCP 670