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Specifically, Texas Rule of Civil Procedure 658, Application for Writ of Garnishment and Order, states that a plaintiff may file an application for a writ of garnishment of a bank account in Texas either at the commencement of a lawsuit or at any time during its progress. Tex. R.
A garnishment merely freezes the debtor's property in the hands of the garnishee, but an execution requires the person holding the debtor's property to release it to the creditor.
What is a Writ of Attachment? A Writ of Attachment is an emergency court order to law enforcement to immediately pick up a child and deliver the child to you or other appropriate person or agency (such as Child Protective Services) until a hearing can be held by the Court.
In order to file a Writ of Garnishment, the creditor must have an existing final judgment against the debtor and then must file for the writ in the court which rendered the original judgment against the debtor. It is the third party, the bank or financial institution, which receives the Writ of Garnishment.
Once the writ has been issued, its terms must be carried out immediately or as soon as possible. The sheriff of the relevant court, in the absence of specific instructions from the judgment creditor, goes to the home, place of employment or place of business of the debtor.