Texas Wage Garnishment Facts

 Posted on December 05, 2024 in Bankruptcy

It can be disconcerting to find that your wages might be garnished — that before your hard-earned money even goes into your bank account, it is legally transferred to a creditor. But that is precisely what wage garnishment does, and it is a fully legal process.

The good news is that Texas provides a great deal of protection for debtors from wage garnishment. Indeed, wage garnishment is not permitted in most cases under Texas law, but there are exceptions. That is why it is important to consult with an experienced wage garnishment attorney in Texas.

What is Wage Garnishment?

Wage garnishment is a legal process whereby a creditor can obtain a court order requiring your employer to garnish your wages, or withhold a certain amount and transfer it to a creditor until the debt is fully paid. There are limits to the amount that creditors can garnish from your paycheck. At the federal level, the Consumer Credit Protection Act (CCPA) limits the amount that can be garnished from wages. Texas law also limits wage garnishment.

Is There Wage Garnishment in Texas?

The Texas Constitution specifically prohibits an employer from garnishing wages, with the exception of payments for child or spousal support, and even then, Texas law only allows up to 65 percent of disposable earnings to be garnished. Additionally, the federal government may garnish wages for nonpayment of federal tax debt and student loans.

However, if you work in Texas for a multi-state company that operates in states where the law requires companies to garnish employee wages for other types of debts, the employer may still garnish your wages for debts other than child or spousal support.

What Should You Know to Protect Yourself From Wage Garnishment?

• Your employer cannot fire you for wage garnishment: This is prohibited by federal law.

• Your attorney can help: An experienced attorney can help you understand whether your employer has the right to garnish your wages and may file legal action to stop the garnishment.

Contact a Harris County, TX Bankruptcy Lawyer

If you are concerned that your wages may be garnished, it is important to seek professional legal help. Wage garnishment law is complex and depends on both federal and state laws.  At The Fealy Law Firm, PC, our Houston, TX debtor protection attorney Vicky Fealy is ready to do everything she can to ensure that you retain your hard-earned wages. Contact us at 713-526-5220 for a complimentary consultation.