Texas  |  Credit and Debt Law

Legal Question

Asked on: 2/26/13, 10:05 am

In the state of Texas, is the Plaintiff required by law to serve the debtor notice of bank garnishment? I thought they had to (after the fact) - via regular and certified mail, but it's been 19 days and I have not received anything from the Plaintiff.

If they were supposed to serve me and didn't, what recourse do I have?

1 Answer

Answered on: 2/28/13, 1:23 pm by Charles Williamson

This has become a real cesspool in Texas practice. You are required, by the U.S. Constitution, to receive notice of the suit. However, the AG's Office uses Tex. Rule of Civil Procedure 664a (which is meant to be applied in pre-judgment cases) because they can get around the notice of suit they are supposed to send to you under TRCP 663a (which applies to post-judgment cases). Take a look at my little website: www.cjwatty.com It explains it in terms of student loans. You won't believe it, but it's true.

Charles Williamson

Houston, Texas

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Charles J. Williamson, Attorney At Law 11826 Poplar Creek Drive Houston, TX 77077

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