Tex. Fin. Code § 276.002 · Chapter 276. FINANCIAL INSTITUTION ACCOUNTS
GARNISHMENT OF FINANCIAL INSTITUTION ACCOUNT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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 (c); and
(2) for good cause shown, reasonable attorney's fees incurred by the garnishor in establishing damages under Subsection (c).
(e) Repealed by Acts 2025, 89th Leg., 2nd C.S., Ch. 7 (H.B. 16), Sec. 12.11(3), eff. December 4, 2025.
Notes and commentary — not statutory text
History
Added by Acts 2005, 79th Leg., Ch. 1319 (H.B. 3428), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2025, 89th Leg., 2nd C.S., Ch. 7 (H.B. 16), Sec. 12.11(3), eff. December 4, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FI/htm/FI.276.htm
- Text hash
- sha256 39d9ddc5ee676164eb2b7dfc6f80a951954ba5c600396eceb829552f9eb4bcaa
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.