§ Rule 661. Form of Writ

Rule 661. Form of Writ

The following form of writ may be used:

“The State of Texas.

To E.F., Garnishee, greeting:

Whereas, in the ____________ Court of ____________ County (if a justice court, state also the number of the precinct), in a certain cause wherein A.B. is plaintiff and C.D. is defendant, the plaintiff, claiming an indebtedness against the said C.D. of __________ dollars, besides interest and costs of suit, has applied for a writ of garnishment against you, E.F.; therefore you are hereby commanded to be and appear before said court at ____________ in said county (if the writ is issued from the county or district court, here proceed: ‘at 10 o'clock a.m. on the Monday next following the expiration of twenty days from the date of service hereof.’ If the writ is issued from a justice of the peace court, here proceed: ‘at or before 10 o'clock a.m. on the Monday next after the expiration of ten days from the date of service hereof.’ In either event, proceed as follows:) then and there to answer upon oath what, if anything, you are indebted to the said C.D., and were when this writ was served upon you, and what effects, if any, of the said C.D. you have in your possession, and had when this writ was served, and what other persons, if any, within your knowledge, are indebted to the said C.D. or have effects belonging to him in their possession. You are further commanded NOT to pay to defendant any debt or to deliver to him any effects, pending further order of this court. Herein fail not, but make due answer as the law directs.”