Prejudgment Remedies: Securing the Debtor's Assets Before You Have a Judgment

By Hank FasthoffJuly 6, 2026

A judgment you can't collect is just a piece of paper. If the debtor spends the money, transfers the assets, or removes property from the state between the date you file suit and the date you obtain a judgment, your judgment may be worth nothing. Prejudgment remedies allow a creditor to secure the debtor's assets before judgment, freezing money in bank accounts, seizing personal property, or impounding specific collateral so that it's available to satisfy the judgment when (and if) the creditor prevails.

Texas provides three statutory prejudgment remedies: attachment, garnishment, and sequestration. Each targets a different category of assets, each requires a different showing, and each carries procedural requirements that must be followed precisely. Courts treat all three as extraordinary remedies and grant them only when the creditor demonstrates a specific statutory basis and posts a bond to protect the debtor from wrongful seizure. Cutting corners on the procedural requirements can produce a counterclaim for wrongful attachment that costs more than the underlying debt.

Prejudgment Attachment (CPRC Chapter 61)

Attachment allows an unsecured creditor to seize the debtor's non-exempt personal property and hold it in the court's custody until judgment. If the creditor wins, the attached property is available for execution. If the creditor loses, the property is returned and the debtor can pursue damages under the bond.

Under CPRC § 61.001, a writ of attachment may issue when the defendant is justly indebted to the plaintiff, the attachment isn't sought to injure or harass the defendant, the plaintiff will probably lose the value of the debt unless the writ issues, and one or more specific statutory grounds exist. Statutory grounds include that the defendant is about to dispose of property with intent to defraud creditors, is about to convert property to cash to place it beyond creditor reach, is about to remove property from the state, has removed property from the county where the suit is pending with intent to defraud, is about to remove from the state or county to avoid the suit, or has concealed property from the creditor.

Procedure. The creditor files an application supported by an affidavit setting forth the statutory grounds. A hearing can be ex parte if there's a danger the debtor will move or hide the property before a noticed hearing can occur. Live testimony is typically required at the hearing. If granted, the court issues a writ of attachment commanding the sheriff or constable to seize the debtor's non-exempt property. The creditor must post a bond before the writ issues, payable to the debtor, in an amount set by the court to cover potential damages from wrongful attachment.

A debtor can regain possession by posting a replevy bond (a counter-bond in an amount that covers the creditor's claim plus costs). If the debtor posts a replevy bond, the property is released and the bond substitutes as security for the creditor's eventual judgment.

Prejudgment Garnishment (CPRC Chapter 63)

Garnishment reaches the debtor's assets that are held by a third party (the "garnishee"), most commonly funds in a bank account. Unlike attachment (which targets property in the debtor's possession), garnishment targets property in someone else's possession that belongs to the debtor.

Under CPRC § 63.001, a writ of prejudgment garnishment may issue when the plaintiff has an original attachment and the debtor doesn't possess property in Texas subject to execution sufficient to satisfy the debt, the plaintiff sues for a debt and makes affidavit that the debt is just, due, and unpaid, that within the plaintiff's knowledge the debtor doesn't possess property in Texas subject to execution sufficient to satisfy the debt, and that the garnishment isn't sought to injure or harass the debtor or the garnishee.

Prejudgment garnishment is available only when the debt is for a liquidated (fixed) amount. Unliquidated claims (damages that haven't been determined) generally don't support prejudgment garnishment.

Procedure. The creditor files an application with an affidavit establishing the statutory grounds, which can be filed when suit begins or at any point during the lawsuit. A hearing is typically ex parte to prevent the debtor from moving funds before the writ is served, and the creditor must post a bond. Once the writ is served on the garnishee (typically the debtor's bank), the garnishee must freeze all funds or property of the debtor up to the amount set by the court. The garnishee must then file a verified answer with the court identifying all property of the debtor in the garnishee's possession.

Current wages are exempt from garnishment under CPRC § 63.004. Texas is one of the most protective states for wage earners, and a creditor generally can't garnish a debtor's wages before or after judgment (with limited exceptions for child support, taxes, and student loans).

Sequestration (CPRC Chapter 62)

Sequestration is used when the creditor has a claim to specific personal property (not money) and seeks to preserve that property pending resolution of the dispute. Unlike attachment (which secures assets to satisfy a general debt), sequestration targets property that's the subject of the lawsuit itself.

Under CPRC § 62.001, a writ of sequestration may issue when the applicant sets forth specific facts stating the nature of the plaintiff's claim, the amount in controversy, and the facts justifying the writ. Sequestration is appropriate when the creditor has a lien, security interest, or ownership claim on the property and needs to prevent the debtor from disposing of it before judgment.

Procedure. The creditor files an application with an affidavit supported by specific facts. A court holds a hearing (which can be ex parte in appropriate circumstances) and, if the writ is granted, commands the sheriff or constable to take possession of the specific property identified in the writ. The creditor must post a bond, and the debtor can recover the property by posting a replevy bond.

If the writ is wrongfully issued, the debtor can recover damages under CPRC §§ 62.044-62.045. At least one Texas court has held that damages for wrongful sequestration are recoverable even if the debtor never lost possession of the property. Callaway v. East Texas Government Credit Union, 619 S.W.2d 411, 414 (Tex. Civ. App. - Tyler 1981).

Risks to the Creditor

Prejudgment remedies are powerful but carry risks that the creditor must evaluate before pursuing them.

Wrongful seizure liability. If the writ is dissolved (because the creditor failed to establish the statutory grounds, because the procedural requirements weren't followed, or because the creditor loses on the underlying claim), the debtor can pursue damages under the bond. Wrongful attachment, garnishment, or sequestration can produce liability for the debtor's actual damages, attorney's fees incurred in dissolving the writ, and in some cases damages for harm to the debtor's business reputation or creditworthiness.

Bond cost. The creditor must post a bond before the writ issues, and the bond amount is set by the court based on the potential damages to the debtor from wrongful seizure. For a garnishment that freezes $200,000 in a business's operating account, the bond may be substantial.

Bankruptcy risk. An aggressive prejudgment seizure can push the debtor into filing a bankruptcy petition to invoke the automatic suspension of collection activity under 11 U.S.C. § 362, which immediately halts all collection efforts, including the prejudgment remedy. A debtor who might have negotiated a payment plan may file for bankruptcy protection once their bank account is frozen, which can delay the creditor's recovery for months or years.

Texas Debt Collection Act exposure. If the debtor is a consumer (as opposed to a business), wrongful or abusive use of prejudgment remedies can produce claims under the Texas Debt Collection Act (Texas Finance Code Chapter 392), which prohibits unfair collection practices and provides for damages, attorney's fees, and injunctive relief.

Practical Recommendations

Use prejudgment remedies only when there's a specific risk that the debtor will dissipate, transfer, or remove assets before judgment. If the debtor is a stable business with identifiable real property, bank accounts, and receivables that will be available after judgment, prejudgment remedies add cost and risk without corresponding benefit. If the debtor is liquidating inventory, closing bank accounts, or transferring property to relatives, the risk of losing the assets justifies the remedy.

Comply with every procedural requirement. Prejudgment remedies are "extraordinary relief," and courts hold creditors to strict compliance with the statutory and procedural requirements. A deficient affidavit, an insufficient bond, or a writ that doesn't properly describe the property can result in the writ being dissolved and the creditor facing damages for wrongful seizure.

Evaluate whether the debtor will file for bankruptcy in response. If freezing the debtor's operating account will halt the debtor's business and trigger a bankruptcy filing, the prejudgment remedy may produce a worse outcome than letting the debtor continue to operate and pursuing a judgment through normal collection litigation.

Act quickly and quietly. Prejudgment remedies are most effective when the debtor doesn't know they're coming. An ex parte application served on the debtor's bank before the debtor can move the funds is the most effective use of garnishment. A garnishment that's telegraphed by weeks of correspondence gives the debtor time to move the money, which defeats the purpose of the remedy.