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2023 Texas Statutes
Civil Practice and Remedies Code
Title 3 - Extraordinary Remedies
Chapter 63 - Garnishment
Section 63.001. Grounds
Universal Citation:
TX Civ Prac & Rem Code § 63.001 (2023)
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Sec. 63.001. GROUNDS. A writ of garnishment is available if:
(1) an original attachment has been issued;
(2) a plaintiff sues for a debt and makes an affidavit stating that:
(A) the debt is just, due, and unpaid;
(B) within the plaintiff's knowledge, the defendant does not possess property in Texas subject to execution sufficient to satisfy the debt; and
(C) the garnishment is not sought to injure the defendant or the garnishee; or
(3) a plaintiff has a valid, subsisting judgment and makes an affidavit stating that, within the plaintiff's knowledge, the defendant does not possess property in Texas subject to execution sufficient to satisfy the judgment.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
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