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Garnish bank account · Checked October 23, 2026

Garnish a bank account after small claims: you need the bank first

General information, not legal advice. Ask a lawyer before you act on it.

To take money from the other side's bank account, you get the court's order (a writ of execution, a writ of garnishment in Texas, or a property execution in New York) and an officer serves it on their bank. You have to know the bank first.

You need
Their bank's name
California, New York
Writ or execution, then the officer
Texas
Writ of garnishment

The steps

  1. Find the bank. SC-133

    California's SC-133 asks where they bank; a debtor's exam or Texas discovery asks too. A New York City marshal will not search. Source

  2. California: bank levy by the sheriff. EJ-130

    With the writ of execution, the sheriff takes money from the bank account. The sheriff, not you, deals with the bank. Source

  3. Texas: writ of garnishment.

    It reaches property a third party holds, such as a bank account or stocks. Source

  4. New York City: property execution. 5%

    Served on a bank, it reaches money in an account. A marshal may keep 5% of what is collected. Source

  5. Florida: describe it in your Instructions for Levy.

    The writ works on property you can locate and describe. Source

A worked example

In New York City, a property execution served on the bank that holds their checking account collects $2,450 from it; at the 5% marshal's fee, $122.50 is kept, and $2,327.50 comes to you within 30 days.

Fees and forms change, and your court's clerk has the current ones. General information, not legal advice. Ask a lawyer before you act on it.

Ask once, in writing

Before the court steps, most winners send a letter asking for payment by a date. Fill one in and print it; nothing you type leaves this page.

Make the payment letter

Questions people ask next

Can I garnish a company's account?

Yes, the same way, once you know its bank. Finding a company's bank is often the hard part.

What if the account is empty?

The levy takes what is there when it is served. You can try again later with a writ that is still good.

Your state's full steps

California Texas New York Florida

Related guides

How to Garnish Wages After a Small Claims Judgment Judgment Debtor Examination After Small Claims Writ of Execution After a Small Claims Judgment, by State

Sources

Checked on October 23, 2026 against these pages.