Rule 658.Application for Writ of Garnishment and Order
Last amended January 1, 1978 · Last verified June 28, 2026
In one sentenceRule 658 lets a plaintiff, at the start of or during a suit, apply for a writ of garnishment supported by affidavit stating the statutory grounds, and requires the court's order to make findings and set the bond.
Full Text of Rule 658
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Either at the commencement of a suit or at any time during its progress the plaintiff may file an application for a writ of garnishment. Such application shall be supported by affidavits of the plaintiff, his agent, his attorney, or other person having knowledge of relevant facts. The application shall comply with all statutory requirements and shall state the grounds for issuing the writ and the specific facts relied upon by the plaintiff to warrant the required findings by the court. The writ shall not be quashed because two or more grounds are stated conjunctively or disjunctively. The application and any affidavits shall be made on personal knowledge and shall set forth such facts as would be admissible in evidence; provided that facts may be stated based upon information and belief if the grounds of such belief are specifically stated. No writ shall issue before final judgment except upon written order of the court after a hearing, which may be ex parte. The court in its order granting the application shall make specific findings of facts to support the statutory grounds found to exist, and shall specify the maximum value of property or indebtedness that may be garnished and the amount of bond required of plaintiff. Such bond shall be in an amount which, in the opinion of the court, shall adequately compensate defendant in the event plaintiff fails to prosecute his suit to effect, and pay all damages and costs as shall be adjudged against him for wrongfully suing out the writ of garnishment. The court shall further find in its order the amount of bond required of defendant to replevy, which, unless defendant exercises his option as provided under Rule 664, shall be the amount of plaintiff's claim, one year's accrual of interest if allowed by law on the claim, and the estimated costs of court. The order may direct the issuance of several writs at the same time, or in succession, to be sent to different counties.
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Plain-English Summary
Rule 658 opens the garnishment remedy — a way to reach the defendant's property or debts held by a third party, the garnishee. At the commencement of a suit or during its progress, the plaintiff may apply for a writ of garnishment, supported by affidavits stating the grounds and the specific facts relied upon.
The court's order must make specific findings supporting the statutory grounds, specify the maximum value that may be garnished, and set the plaintiff's bond — due-process safeguards the garnishment rules took on in the 1978 overhaul.
Frequently Asked Questions
What is a writ of garnishment in Texas?
A court order reaching the defendant's property or debts held by a third party. Rule 658 sets the sworn application and the court's findings.
Can a Texas court grant a writ of garnishment without notice to the defendant?
Yes. Rule 658 lets the court hold the required hearing ex parte before issuing the writ.
What must the court's order include when it grants a writ of garnishment under Rule 658?
Specific findings supporting the statutory grounds, the maximum value of property or debt that can be garnished, and the amount of the plaintiff's bond.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 658), 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:writ of garnishmentapplication for garnishmentgarnisheeTRCP 658sworn application garnishment grounds