Texas Finance Code - Section 276.002. Garnishment Of Financial Institution Account
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Texas Laws > Finance Code > Texas Finance Code - Section 276.002. Garnishment Of Financial Institution Account
Section: 275.151 275.152 275.153 275.154 275.201 275.202 276.001 276.002 276.003 277.001 277.002 277.003 278.001 278.051 278.052
§ 276.002. GARNISHMENT OF FINANCIAL INSTITUTION
ACCOUNT. (a) Notwithstanding the Texas Rules of Civil Procedure,
if a financial institution fails to timely file an answer to a writ
of garnishment issued before or after a judgment is rendered in the
case, a court may enter a default judgment against the financial
institution solely as to the existence of liability and not as to
the amount of damages.
(b) A financial institution against which a default
judgment is entered under Subsection (a) is not deemed to have in
the financial institution's possession or to have knowledge of
sufficient debts, assets, or personal effects of the debtor to
satisfy the debtor's obligations to the garnishor.
(c) After a default judgment is entered against a financial
institution as to the existence of liability as provided by
Subsection (a), the garnishor has the burden to establish the
amount of actual damages proximately caused to the garnishor by the
financial institution's default.
(d) The court may award to the garnishor:
(1) damages in the amount determined under Subsection
(2) for good cause shown, reasonable attorney's fees
incurred by the garnishor in establishing damages under Subsection
(e) Notwithstanding Section 22.004, Government Code, the
supreme court may not amend or adopt rules in conflict with this
Added by Acts 2005, 79th Leg., ch. 1319, § 1, eff. Sept. 1, 2005.
Last modified: August 11, 2007