Rule 658a.Bond for Garnishment

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

In one sentenceRule 658a bars a writ of garnishment from issuing before final judgment until the applicant files a bond, payable to the defendant in the amount the court fixes, with sufficient surety.

Full Text of Rule 658a

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No writ of garnishment shall issue before final judgment until the party applying therefor has filed with the officer authorized to issue such writ a bond payable to the defendant in the amount fixed by the court's order, with sufficient surety or sureties as provided by statute, conditioned that the plaintiff will prosecute his suit to effect and pay to the extent of the penal amount of the bond all damages and costs as may be adjudged against him for wrongfully suing out such writ of garnishment. After notice to the opposite party, either before or after the issuance of the writ, the defendant or plaintiff may file a motion to increase or reduce the amount of such bond, or to question the sufficiency of the sureties. Upon hearing, the court shall enter its order with respect to such bond and the sufficiency of the sureties. Should it be determined from the garnishee's answer if such is not controverted that the garnishee is indebted to the defendant, or has in his hands effects belonging to the defendant, in an amount or value less than the amount of the debt claimed by the plaintiff, then after notice to the defendant the court in which such garnishment is pending upon hearing may reduce the required amount of such bond to double the sum of the garnishee's indebtedness to the defendant plus the value of the effects in his hands belonging to the defendant.

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Plain-English Summary

Rule 658a requires security for a pre-judgment garnishment. No writ of garnishment issues before final judgment until the party applying files, with the officer authorized to issue it, a bond payable to the defendant in the amount set by the court's order, with sufficient surety — protecting the defendant against the damages of a wrongful garnishment.

Frequently Asked Questions

Do you need a bond for a garnishment in Texas?

Yes. Rule 658a requires a bond payable to the defendant before a pre-judgment writ issues.

Can the amount of a garnishment bond be changed after it's set in Texas?

Yes. Rule 658a lets either party move to increase or reduce the bond, or challenge the sureties, after notice to the opposing party.

Can the garnishment bond be reduced if the garnishee owes less than the plaintiff claims?

Yes. Rule 658a lets the court reduce the bond to double the garnishee's debt and the value of the defendant's effects, once the garnishee's uncontroverted answer shows a lesser amount.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 658a), 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: bond for garnishmentgarnishment bondTRCP 658agarnishment bond suretiesreduce garnishment bond motion