Writ of Garnishment

[eldaidelangel]

What is the name of your state (only U.S. law)? Texas

I was wondering what steps must I take to get the judgement from the defendant's bank account for the remaining balance due December 14th. I won a small claims suit against my landlord for failure to either return the security deposit or an itemized list of deductions within thirty days from moving out. Do I need to first file with the records clerk? And do I need to submit additional forms before or with the Writ of Garnishment to the JP courts such as an affidavit? I did receive a $400 cashier check, could I use those numbers on the bottom as the bank account on the Writ?

 

[adjusterjack]

Check your county court's website. There should be forms and instructions on how to do that. If you have trouble finding them post your city and county.

 

[Zigner]

What is the name of your state (only U.S. law)? Texas

I was wondering what steps must I take to get the judgement from the defendant's bank account for the remaining balance due December 14th. I won a small claims suit against my landlord for failure to either return the security deposit or an itemized list of deductions within thirty days from moving out. Do I need to first file with the records clerk? And do I need to submit additional forms before or with the Writ of Garnishment to the JP courts such as an affidavit? I did receive a $400 cashier check, could I use those numbers on the bottom as the bank account on the Writ?

The information on the bottom of a cashier's check is NOT the account information of the other party.

 

[adjusterjack]

The information on the bottom of a cashier's check is NOT the account information of the other party.

And the check might or might not have come from the party's own bank.

 

[eldaidelangel]

Check your county court's website. There should be forms and instructions on how to do that. If you have trouble finding them post your city and county.

I did check but they don't have anything on any of Bexar country departments sites including the law library site . Bexar country clerk site or the precinct 1 site either. I went in person to the JP court and the receptionist said for me to hire an attorney since it was complicated.

 

[eldaidelangel]

I did check but they don't have anything on any of Bexar country departments sites including the law library site . Bexar country clerk site or the precinct 1 site either. I went in person to the JP court and the receptionist said for me to hire an attorney since it was complicated.

San Antonio, Bexar country

 

[adjusterjack]

I did check but they don't have anything on any of Bexar country departments sites including the law library site . Bexar country clerk site or the precinct 1 site either. I went in person to the JP court and the receptionist said for me to hire an attorney since it was complicated.

Found the following forms online. You'll need to modify them for your own court. The rest is up to you.

http://www.jdsupra.com/legalnews/petition-for-writ-of-garnishment-97177/

http://www.jdsupra.com/legalnews/draft-notice-garnishment-18616/