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Rule 679.Amendment

Last amended January 1, 1978 · Last verified June 28, 2026

In one sentenceRule 679 lets the court correct clerical errors in the affidavit, bond, or writ of garnishment, or the officer's return, on written application to the court and after notice to the opponent.

Full Text of Rule 679

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Clerical errors in the affidavit, bond, or writ of garnishment or the officer's return thereof, may upon application in writing to the judge or justice of the court in which the suit is filed, and after notice to the opponent, be amended in such manner and on such terms as the judge or justice shall authorize by an order entered in the minutes of the court (or noted on the docket of the justice of the peace), provided such amendment appears to the judge or justice to be in furtherance of justice.
End

Plain-English Summary

Rule 679 allows fixing slips. Clerical errors in the affidavit, bond, or writ of garnishment, or in the officer's return, may be amended on written application to the judge or justice of the court where the suit is filed, after notice to the opponent and in the court's discretion — so a minor defect does not defeat the garnishment.

Frequently Asked Questions

Can a defect in a garnishment affidavit be fixed in Texas?

A clerical error may be amended under Rule 679, on written application and after notice to the opponent.

Who decides whether to allow a garnishment amendment under Rule 679?

The judge or justice of the court where the suit is filed — Rule 679 leaves it to their discretion, granted only if the amendment furthers justice.

Does the opposing party get notice before a garnishment paper is amended?

Yes. Rule 679 requires notice to the opponent before the judge or justice acts on the application to amend.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 679), 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: amendment garnishmentclerical error garnishmentamend garnishment bondfix garnishment writ errorTRCP 679