Rule 666.Garnishee Discharged
Last verified June 28, 2026
In one sentenceRule 666 provides that if the garnishee's answer shows it was not indebted to the defendant and held no effects when served, and the plaintiff does not controvert the answer, the garnishee is discharged.
Full Text of Rule 666
If it appears from the answer of the garnishee that he is not indebted to the defendant, and was not so indebted when the writ of garnishment was served upon him, and that he has not in his possession any effects of the defendant and had not when the writ was served, and if he has either denied that any other persons within his knowledge are indebted to the defendant or have in their possession effects belonging to the defendant, or else has named such persons, should the answer of the garnishee not be controverted as hereinafter provided, the court shall enter judgment discharging the garnishee.
End
Plain-English Summary
Rule 666 releases an innocent garnishee. If it appears from the answer that the garnishee was not indebted to the defendant — and was not so indebted when the writ was served — and held no effects of the defendant, and the answer is not controverted, the court discharges the garnishee.
Frequently Asked Questions
When is a garnishee released in Texas?
When its answer shows no debt or effects and the plaintiff does not controvert it (Rule 666).
Does a Texas garnishee have to name others who might owe the debtor?
Rule 666 requires the garnishee, in order to be discharged, to either deny knowing of anyone else who owes the defendant or holds the defendant's property, or to name those persons.
What stops a garnishee from being discharged under Rule 666?
A discharge is unavailable once the plaintiff controverts the garnishee's answer under Rule 673 — the case then proceeds to a contested hearing instead.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 666), 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: garnishee dischargedgarnishee release requirementsinnocent garnishee dischargeno debt no effects garnisheeTRCP 666