Can Your Wages Be Garnished in Texas?

 Posted on March 11, 2025 in Creditor Harassment

When a creditor garnishes your wages they take a portion of your paycheck even before it is deposited into your bank account to be used towards repayment of your debt. Wage garnishment can be personally and financially devastating, making it more difficult to pay bills on time and potentially adding to your debt. The very good news is that in Texas wages cannot be garnished except to pay very limited types of debts, and these do not include credit card debt. Read on to find out how an experienced Brazoria, TX wage garnishment relief attorney can help you with wage garnishment. 

What Types of Debts Can a Creditor Garnish in Texas?

Texas law does not allow wage garnishment except for child support payments and alimony debt. The other types of debt that can be garnished in Texas are federal income tax debt and federal student loans. 

How Much Can My Creditors Garnish?

Under federal law, no more than 65 percent of your earnings may be garnished to pay child support obligations (in the worst-case scenario), and 15 percent of your wages may be garnished to pay federal student loan debt. To determine how much wages the IRS will garnish for unpaid taxes, the IRS uses a formula based on your standard taxpayer deduction. It is best to consult with an attorney to determine how much of your wages the IRS can garnish.

What Can You Do to Fight Wage Garnishment?

Object in Court 

If you receive a wage garnishment order, it may be possible to object to that order in court and argue that the creditor has made an error. For example, you can fight the wage garnishment by arguing that the creditor no longer owns the debt, or that the limitations period to collect on that debt has passed.

Negotiate a Solution

You may attempt to negotiate to repay the debt so as to avoid wage garnishment. For example, the IRS may negotiate an "offer in compromise" with a debtor who owes tax debt if paying the full tax liability would create a financial hardship. 

File for Bankruptcy

When you file for bankruptcy, your creditors must stop collection efforts thanks to a procedure called the automatic stay. However, keep in mind that certain debts are not paused even in bankruptcy, including child support or alimony. 

Call a Brazoria, TX Wage Garnishment Relief Attorney 

Although Texas generally does not allow wage garnishment, if your debt falls into one of the exceptions, an experienced Conroe, TX bankruptcy attorney can help you fight wage garnishment. At The Fealy Law Firm, PC, we help individuals going through financial hard times. Call our offices to schedule a complimentary consultation to discuss your options to reduce or get out of debt. Our phone number is 713-526-5220.