San Antonio, TX asked in Civil Litigation and Collections for Texas

Q: Can I file a writ of garnishment once a judgment has been made?

I won a civil suit against a neighbor who hit my parked truck in the middle of the night. The judge awarded me a certain amount and I wanted to know if I could do a writ of garnishment. If so what is the process??

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: Yes. File the application for writ of garnishment with the same court. Serve the garnishee (e.g. the bank, S&L, etc.). Then serve the judgment debtor (your neighbor).

The garnishee will typically contact you to tell you how much money was in the neighbor’s account and how much attorney fees they are spending responding to the garnishment ($1,500 would be typical).

Prepare and submit a judgment on the garnishment awarding the bank its attorney fees, you the rest (up to the amount of your judgment including lawful postjudgment interest), and discharging the bank on its answer.

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