Legal Question in Credit and Debt Law in Texas

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?

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

1 Answer from Attorneys

Charles Williamson Charles J. Williamson, Attorney At Law
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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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2/28/13, 1:23 pm

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