Wage Garnishment in Texas

February 4, 2014

In Texas your pay check cannot be garnished by your creditors to repay your debts. The exceptions to this are child support, spousal support, and federal taxes or student loans. A wage garnishment or wage attachment is a court order that requires your employer to send in part of your income directly to your creditor out of your pay check.

Limits on wage Garnishment
The exceptions to wage garnishment are generally under federal law and are not required to have a court order. If you default on a federal student loan or if the IRS gets a levy for your unpaid taxes then they can attach to your pay check income.

Student loans are limited to 15 % of your disposable income but not more the 30 times the minimum wage. In Texas up to 50% of your disposable income can be garnished for child support.

Ways around Garnishment
You may also be susceptible to wage garnishment if your employer is out of state. Some stated allow wage garnishment which means if your employer’s pay roll is out of state they can enforce a wage garnishment in that state.

A judgment creditor may not be able to garnish your wages but they can attach a judgment to your bank account and start to withdraw the money out of your account.

If a creditor has a judgment and is trying to garnish your wages you may want to consider filing for bankruptcy. Please call the experienced attorneys at Fears Nachawati Law Firm to set up a free consultation. Call 1.866.705.7584 or send an email to fears@fnlawfirm.com.

 

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