What is the process for obtaining a garnishment order in a small claims court case?
Obtaining a garnishment order in a small claims court case in Texas requires a few steps. To begin, the plaintiff (the person the defendant owes money to) must submit a garnishment form to the small claims court. This document will list the defendant’s name, address, the amount owed, and the plaintiff’s name and address. The plaintiff also needs to include a Certificate of Service, which is a document proving that the defendant was served properly. Next, the plaintiff must submit a Writ of Garnishment to the business or bank that owes the defendant money. The writ will inform them that they are not allowed to pay the defendant until the court has orders them to. The court will then hold a hearing. Both the plaintiff and the defendant must appear at the hearing. At the hearing, the court will explain the process of what will happen if the defendant fails to respond or pay the owed money. Once the court makes their decision, they will issue a garnishment order. This order will instruct the defendant’s employer or bank to withhold a certain amount of money from the defendant’s wages or bank account. The money will then be sent to the plaintiff until the debt is paid off. The garnishment order will also include the date the defendant must begin making payments and the amount of each monthly payment.
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