Rule 659.Case Docketed
Last verified June 28, 2026
In one sentenceRule 659 directs the judge, clerk, or justice of the peace, once the garnishment requirements are met, to docket the case in the name of the plaintiff as plaintiff and the garnishee as defendant.
Full Text of Rule 659
When the foregoing requirements of these rules have been complied with, the judge, or clerk, or justice of the peace, as the case may be, shall docket the case in the name of the plaintiff as plaintiff and of the garnishee as defendant; and shall immediately issue a writ of garnishment directed to the garnishee, commanding him to appear before the court out of which the same is issued at or before 10 o'clock a.m. of the Monday next following the expiration of twenty days from the date the writ was served, if the writ is issued out of the district or county court; or the Monday next after the expiration of ten days from the date the writ was served, if the writ is issued out of the justice court. The writ shall command the garnishee to answer under oath upon such return date what, if anything, he is indebted to the defendant, and was when the writ was served, and what effects, if any, of the defendant he has in his possession, and had when such writ was served, and what other persons, if any, within his knowledge, are indebted to the defendant or have effects belonging to him in their possession.
End
Plain-English Summary
Rule 659 starts the garnishment case. When the foregoing requirements of these rules have been complied with, the judge, clerk, or justice of the peace dockets the case in the name of the plaintiff as plaintiff and the garnishee as defendant, and the writ issues to the garnishee.
Frequently Asked Questions
How is a garnishment case set up in Texas?
The clerk dockets it with the plaintiff as plaintiff and the garnishee as defendant (Rule 659).
How much time does a garnishee get to answer a writ of garnishment issued from district or county court in Texas?
Rule 659 sets the return date as the Monday after twenty days from service of the writ.
Is the answer deadline shorter for a garnishment issued from justice court?
Yes. Rule 659 sets a ten-day period from service, with the return date on the following Monday.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 659), 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: case docketed garnishmentTRCP 659garnishee return date twenty daysgarnishment writ issuance clerkdistrict court garnishment monday deadline