In one sentenceRule 678 makes it a sufficient answer to a defendant's later claim against the garnishee that the indebtedness has been paid, or the effects delivered to a sheriff or constable under Rule 669, protecting a garnishee that pays under the garnishment judgment.
Full Text of Rule 678
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It shall be a sufficient answer to any claim of the defendant against the garnishee founded on an indebtedness of such garnishee, or on the possession by him of any effects, for the garnishee to show that such indebtedness has been paid, or such effects, including any certificates of stock in any incorporated or joint stock company, have been delivered to any sheriff or constable as provided for in Rule 669.
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Plain-English Summary
Rule 678 protects a garnishee that complies. It is a sufficient answer to any claim of the defendant against the garnishee — founded on the garnishee's indebtedness or its possession of the defendant's effects — that the indebtedness has been paid, or the effects delivered to a sheriff or constable under Rule 669, so a garnishee that pays under the garnishment judgment is not exposed to double liability.
Frequently Asked Questions
Is a garnishee protected from the debtor's later claim in Texas?
Yes. Rule 678 makes payment of the debt, or delivery of the effects, under the garnishment a sufficient answer, so the garnishee is not liable twice.
Does the double-liability protection in Rule 678 cover stock certificates?
Yes. Rule 678 protects a garnishee that delivers stock certificates to the sheriff or constable under Rule 669, the same as any other effects.
What must a garnishee show to use the Rule 678 defense?
That it paid the debt or delivered the defendant's effects to the sheriff or constable as Rule 669 required — proof of compliance is the whole defense.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 678), 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 discharged on proofdouble liability garnishmentgarnishee compliance defensepaid under garnishment judgmentTRCP 678