Collections & Creditor Rights

Texas 9th Court of Appeals, Civil Procedure, Collections & Creditor Rights

In Re Law Office of Ruben Franco Jr. — Defective Garnishment Writ Naming Garnishee as Judgment Debtor Does Not Compel Disclosure of Debtor’s Funds

automatic / June 20, 2026

The Texas Court of Appeals, Ninth District, denied mandamus relief to a judgment creditor whose garnishment writ incorrectly named the garnishee bank as the judgment debtor, holding that a writ of garnishment must strictly comply with the statute and that a garnishee is not obligated to disclose the debtor’s funds when the debtor is not identified in the writ—even if the garnishee has actual knowledge of the error from the application served alongside the writ.