OPINION
Opinion by:
The primary issue in this appeal is whether this court has jurisdiction over an appeal from a trial court’s order to the Texas Department of Criminal Justice Institutional Division (“TDCJ”) to withdraw funds from Appellant Craig Michael Reed’s inmate trust account. Reed complains that the trial court issued the order requiring the TDCJ to withdraw funds from his inmate trust account without authority and without due process of law. We conclude that this court has jurisdiction, reverse the trial court’s order and remand for further proceedings.
Background
On September 26, 2005, Reed was sentenced to community supervision for the offense of unauthorized use of a motor vehicle. On November 9, 2005, the trial court entered a judgment revoking Reed’s community supervision. A second judgment was entered sentencing Reed to two years confinement in the state jail division of the TDCJ and assessing court costs agаinst Reed in the amount of $640.00.
In order to make purchases from the prison commissary, Reed opened an inmate trust account. These accounts are centrally managed by TDCJ’s Commissary and Inmate Trust Fund. The funds are used solely for inmate commissary purchases and are funded by the periodic deposit of money by the inmate’s arrangement. 1
*622 Pursuant to Section 501.014(e) of the Texas Government Code, 2 on October 23, 2006, the trial court issued an order to the TDCJ to withdraw money from Reed’s inmate trust account and forward the funds to the district clerk to pay for the court costs assessed in the underlying judgment of November 9, 2005. On November 28, 2006, Reed filed a motion and objection requesting the court’s order be either withdrawn or stayed. No action was taken by the trial court. On appeal, Reed contends that the order was issued without authority and due process of law.
Analysis
On March 8, 2007, we ordered the parties to address whether this court has jurisdiction over Reed’s appeal in their briefing. The State contends that an order pursuant to section 501.014(e) is not independently appealable from the underlying judgment. Tex. Gov’t Code Ann. § 501.014(e) (Vernon 2004). Reed, on the other hand, argues that this is a final post-judgment order which is independent from the underlying judgment and is appeal-able.
A. Jurisdiction
1. Civil or Criminal
There is disаgreement among the courts of appeals over whether orders pursuant to section 501.014(e) of the Government Code are appealable. In
Abdullah v. State,
[ujnlike the situation in Abdullah, appellant was assessed court costs and attorney fees at the conclusion of trial. The reimbursement of the expenses incurred by the taxpayers were incorporated into the judgment which was signed by the trial court on October 16, 2003. By virtue of the inclusion of these fees in the judgment, appellant had notice that he would be required to pay court costs and attorney fees. Hence, we conclude that the issue of recoupment of attorney fees is closely related to the criminal case. See Tex.Code CRiM. PROC. Ann. art. 26.05(g) (Vernon Supp.2006); Curry [v. Wilson],853 S.W.2d 40 , 43 (Tex.Crim.App.1993).
Id.
The Waco court of appeals agrees with the premise in Gross, i.e., that a section
*623
501.014 order is closely connected to the underlying criminal case and is, therefore, not independently appealable.
Zink v. State,
This case is distinguishable from
Gross
in that article 26.05(g) is not implicated here. Tex.Code Crim. PRoc. Ann. art. 26.05(g) (Vernon Supp.2007). Article 26.05(g) allows a court to order the defendant to pay for his appointed attorney’s fees as court costs upon the court’s determination that the defendant has sufficient financial resources.
Id.
This provision, however, does not address how the attorneys’ fees are to be collected.
See Mullings v. Morgan,
Likewise,
Curry v. Wilson,
While the order in the instant case may have arisen as a result of, or incidental to, a criminal prosecution, the trial court’s order does not arise over the enforcement of a statute governed by the Texas Code of Criminal Procedure. In fact, the order specifically provides “THE COURT ENTERS THIS ORDER pursuant to Government Code, Section 501.014.... ” Reed is not contesting the trial court’s authority to assess court costs against him. Instead, the dispute is over the trial court’s authority to collect the costs assessed under section 501.014(e) of the Texas Government Code. Tex. Gov’t Code Ann. § 501.014(e). We note the legislature has determined that costs in criminal judgments may be collected through a civil execution process. Tex.Code CRIM. PRoc. Ann. art. 43.07 (Vernon Supp.2008). Article 43.07 of the Texas Code of Criminal Procedure provides in relevant part: “[i]n each case of pecuniary fine, an execution may issue for the fine and costs.... The execution shall be collected and returned as in civil actions.” Id. Consequently, we are unable to conclude that the trial court’s order involves a criminal law matter as described in Curry.
2. Final and Appealable
Having determined that this matter is civil, we next address whether the trial court’s order is final and appeal-able. The trial court’s order in this case was for the collection of court costs through a post-judgment process. In civil actions, post-judgment orders may be appealed as final orders if the order disposes of all matters placed before the court.
Wolma v. Gonzalez,
In sum, the trial court’s order in this case is an appealable order in that it is a final order and stems from a civil proceeding which was separate and independent from the judgment assessing Reed’s conviction, sentence, and court costs. We now turn to the merits of Reed’s claims in this appeal.
B. Authority to Issue Order
Reed asserts that section 501.014(e) provides no authority for the trial court to have issued the collection order at issue in this appeal and, therefore, the order is “void.” In support of this argument, Reed cites
Mullings v. Morgan,
We do not agree that the trial court lacked authority. By making
notification by a court
the triggering event for the TDCJ’s obligations under section 501.014(e), section 501.014(e) plainly authorizes the triаl court to inform the TDCJ of an inmate’s obligations to pay under one of the enumerated types of orders.
See, e.g., Fitzgerald v. Advanced Spine Fixation Sys., Inc.,
This holding, however, does not end the inquiry. Reed argues that the order was issued in violation of his due process rights to notice and an opportunity to be heard. 4
C. Due Process
The Fourteenth Amendment of the United States Constitution guards against deprivation of life, liberty, or property by the State without due process of law. U.S. Const, amend. XIV. Similarly, Article I, Section 19 of the Texas Constitution requires due course of law. Tex. Const, art. I, § 19;
Perry v. Del Rio,
A procedural due process claim must establish (1) an existing liberty or property interest and (2) the procedures provided were constitutionally insufficient.
*625
Id.
“A prison inmate has a property interest in his inmate trust account.”
Covarrubias v. Tex. Dep’t of Criminal Justice-Inst. Div.,
1. The Mathews Balancing Test
Courts utilize the three-part balancing test first announced in
Mathews v. El-dridge,
(1) the private interest that will be affected by the official action;
(2) the risk of an erroneous deprivation of such interest through the procedures used, and the probable value of additional or substitute procedures; and
(3) the government’s interest, including, the function involved and the fiscal and administrative burdens that the additional substitute procedural requirement would entail.
Id.; see also Washington v. Harper,
a. The Private Interest Affected
Identifying the first factor is not difficult. The private interest affected is Reed’s interest in his personal funds. We note, howеver, that inmates are not entitled to complete control over their money.
See Hatfield v. Scott,
b. The Risk of Erroneous Deprivation, and the Benefit of Additional Procedures
We next examine the second factor — the risk of erroneous deprivation of Reed’s private interest through the procedures used, and the рrobable value of additional or substitute procedures. There are no procedures outlined in section 501.014 of the Government Code for either notice or an opportunity to be heard prior to the withdrawal of money from the inmate’s account.
5
The risk of wrongful deprivation without some procedure for notice and hearing, however, is reduced because the notification of withdrawal must be based on some form of court order, judgment or writ. Tex. Gov’t Code Ann. §§ 501.014(e)(l)-(6). Because the inmate would have been a party to the underlying action, notice and a hearing on the amounts assessed in the underlying court order, judgment or writ is satisfied.
Gross,
In the present case, the assessment of cost was adjudicated during the criminal case and no complaint is made of the amount. Yet, clerical and other errors may occur аnd there are no procedures in place to dispute questionable withdrawal orders such as those presented in
Abdullah,
In
Abdullah,
the court grafted garnishment procedures onto section 501.014(e) as a solution to due process concerns. We disagree, however, with the court’s holding in
Abdullah
that the garnishment procedures set forth in section 63.007 of the Texas Civil Practice and Remedies Code are applicable to the inmate trust fund.
7
Tex. Crv. PRAC. & Rem. Code Ann. § 63.007 (Vernon 1997). A garnishment action is a procedure available to a judgment creditor by which he can inquire into the relationship between a third party and the judgment debtor to determine if there are any funds owеd to the judgment debtor by the third party.
Id.
at §§ 63.001-.008. It requires a separate lawsuit against the third party consisting of an application supported by affidavits affirming that the defendant does not possess property in Texas subject to execution sufficient to satisfy the debt. It also requires a bond. Tex.R. Crv. P. 657-674. In the case before us, however, the creditor and the third party are effectively the same; the creditor is the State of Texas and the party holding the funds, the TDCJ, is an agency of the State.
See Martin v. Tex. Bd. of Criminal Justice,
c. The State’s Interest, and Fiscal and Administrative Burdens of Additional Procedures
While garnishment or other post-judgment remedies certainly would provide ample due process to inmates, we must balance the third factor of the government’s interest including the fiscal and administrative burdens the additional procedures would require. The government’s interest is the payment of court costs. The State has a significant interest in assuring that persons with financial resources pay their costs and “not take a free ride at the expense of its taxpayers.”
Gross,
2. Balancing the Mathews Factors in this Case
In striking the proper balance between the three
Mathews
factors in this case,
Mahers v. Halford,
In balancing all three Mathews factors, we conclude that the lack of an opportunity to be heard regarding withdrawals from Reed’s inmate trust account violated procedural due process requirements. This is not a case where the inmate was afforded no due process — the underlying final judgment, which Reed was free to contest post-judgment and on appeal, included the amount of the court costs, and Reed received a copy of the order authorizing the withdrawal of funds. Nonetheless, Reed’s due process rights were violated because his claims regarding the merits of the order have not been heard in any forum. 9
We are constrained, however, in fashioning a remedy because the trial court has *628 not yet addressed the merits of Reed’s claims contained in his “Pro Se Motion Objection to the Court’s 10/23/2006 Order, for the Court to Withdraw the Order or in the Alternative for the Order to be Stayed Durining [sic] the Pendency of an Appeal,” and thus there is nothing for us to review on appeal. Accordingly, we remand this action for further proceedings.
Conclusion
An order issued pursuant to section 501.014 of the Texas Government Code is civil in nature and may be a final appeal-able order. The order in this case is a final appealable order. Reed did not, however, receive the minimum procedural due process requirements. As a result, we reverse the order of the trial court and remand this cause for further proceedings consistent with this opinion.
Notes
. For further discussion of inmate accounts
see
http://www.tdcj.state.tx.us/finance/comm & trust/comm & trust-home.htm (last visited May 6, 2008);
Hatfield v. Scott,
. Section 501.014(e) provides
[o]n notification by a court, the department shall withdraw from an inmate’s account any amount the inmate is ordered to pay by order of the court under this subsection. The department shall make a payment under this subsection as ordered by the court to either the court or the party specified in the court order. The department is not liable for withdrawing or failing to withdraw money or making payments or failing to make payments under this subsection. The department shall make withdrawals and payments from an inmate’s account under this subsection according to the following schedule of priorities:
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(4) as payment in full for all orders for court fees and costs;....
Tex. Gov't Code Ann. § 501.014 (Vernon 2004)
. We express no opinion on whether the court’s notification to the TDCJ can be by somе means other than a formal order.
. Reed does not argue that section 501.014(e) is facially unconstitutional.
. Although there is no specific procedure requiring notice, Reed received a copy of the Order for withdrawal of funds from his account.
. Reed appears to assert that the state may not collect costs from his trust account because he is indigent and because the money in his trust account is from family and friends. We express no opinion on the validity of any such claims.
. Section 63.007 of the Texas Civil Practice and Remedies Code provides:
(a) A writ of garnishment may be issued against an inmate trust fund held under the authority of the Texas Department of Criminal Justice under Section 501.014, Government Code, to encumber money that is held for the benefit of an inmate in the fund, (b) The state's sovereign immunity to suit is waived only to the extent neсessary to authorize a garnishment action in accordance with this section.
Tex. Civ. Prac. & Rem.Code Ann. § 63.007 (Vernon 1997).
. Section 63.007 was implemented in 1997 four years after the procedure for obtaining inmate funds was established by section 501.014(e). Tex. Gov’t Code § 501.014(e) as added by Acts 1993, 73rd Leg., ch. 804, § 1, eff. Sept. 1, 1993.
. We note that other statutes, such as Chapter 14 of the Texas Civil Practice and Remedies *628 code dealing with inmate litigation, provide for some type of forum in which inmates claims can be heard.
