Texas debt law
Wage garnishment in Texas
For credit card, medical and most other consumer debt, a Texas creditor cannot garnish your paycheck, even after winning in court. Where that rule comes from, the debts that are exceptions, what can happen to a bank account, and how Texans claim exempt money.
What can and cannot be garnished in Texas?
Two sets of rules meet here. Texas law decides whether a private creditor can touch your pay at all; federal law sets the ceiling for the debts that can, and protects federal benefits sitting in a bank account.
Why can't most Texas creditors garnish wages?
The protection is written into the Texas Constitution (Texas Legislature, opens in a new tab), not just a statute. Article XVI, section 28 dates from 1876 and was last amended in 1999.
Federal law does not override it. The federal garnishment statute leaves in place any state law that bars garnishment (Cornell LII, opens in a new tab) or limits it further than federal law does.
The protection covers current wages. Whether money that came from wages keeps its protection once it sits in a bank account can depend on the facts, so ask a lawyer or legal aid office.
Which debts can still reach a Texas paycheck?
- Court-ordered child support and spousal maintenance, under the Texas Constitution itself.
- Defaulted federal student loans: the lender can use administrative wage garnishment (Cornell LII, opens in a new tab) of up to 15% of disposable pay, without suing first.
- Federal tax debts, which the federal 25% ceiling (Cornell LII, opens in a new tab) does not cover.
- An order of a Chapter 13 bankruptcy court directing payments from wages.
A private collector trying to take wages for a card, medical or personal loan balance is outside these exceptions. If your employer receives a garnishment order you do not recognize, contact legal aid or a lawyer quickly.
Can a creditor freeze a Texas bank account?
Yes, within limits. After winning a judgment, a creditor can ask the court for a writ of garnishment (Texas Legislature, opens in a new tab) against your bank by swearing that you lack enough property in Texas to pay it. Texas also allows garnishment before judgment, but only on a sworn affidavit meeting the statute's conditions.
If Social Security or another federal benefit is deposited directly, the bank must leave you two months of those deposits (eCFR, opens in a new tab).
How do Texans claim money or property that is exempt?
Exempt money that has been frozen does not always come back on its own. TexasLawHelp.org, run by Texas Legal Services Center, publishes a Protected Property Claim Form (TexasLawHelp.org (Texas Legal Services Center), opens in a new tab) with instructions for asking the court to return exempt money or property.
A legal aid office can help you fill it in and file it on time.
We are not a law firm and cannot tell you which exemptions fit your situation. Bring your bank statements and benefit letters when you ask for help.
What is a Texas turnover order?
A turnover order is a court order telling a judgment debtor to hand over nonexempt property, with its records, to a sheriff or constable, or appointing a receiver to take and sell it (§ 31.002 (Texas Legislature, opens in a new tab)). The creditor can recover reasonable costs and attorney's fees.
The statute has two limits that matter here: it cannot reach property that a statute exempts, and a court may not order wages turned over before you are paid.
Where to get legal help
Money frozen or a writ served? Free legal help in Texas.
We are not a law firm and cannot give legal advice. These are the people who can, many of them free. None of them pays us, and we do not pay them.
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A lawyer
State Bar of Texas Lawyer Referral and Information Service
Refers you to a lawyer for your kind of case. The first consultation, up to 30 minutes, costs no more than $20. Phone (800) 252-9690; Spanish spoken.
Open the State Bar of Texas (opens in a new tab) -
Legal aid
TexasLawHelp.org
A program of Texas Legal Services Center: free guides and forms for debt cases, including answering a debt suit in justice court, and a finder for legal aid near you.
Open TexasLawHelp.org (opens in a new tab) -
Court self-help
Texas State Law Library: legal help
The state law library's list of Texas legal hotlines, clinics and legal aid organizations. Librarians can point you to the law but cannot tell you what it means for your case.
Open the State Law Library (opens in a new tab) -
Legal aid
Free legal aid near you
Legal aid offices give free civil legal help, including with debt lawsuits, to people who qualify. The Legal Services Corporation finder lists the office for your area.
Find legal aid (LSC) (opens in a new tab) -
A lawyer
How to find a consumer lawyer
The CFPB explains where to look for a lawyer who handles debt collection cases, and what experience to look for.
Read the CFPB guide (opens in a new tab)
Things you should know
The downsides, stated plainly.
Read these before you enroll anywhere, including with us. They apply to every debt settlement program.
- Your credit score will drop during the program, and late payments stay on your credit report.
- Creditors may keep collecting while you save, and they can sue. The program does not stop legal action.
- Interest and late fees can keep adding to your balances until each account settles.
- Forgiven debt may be taxable income. A creditor may send you IRS Form 1099-C.
- Fees apply. The fee is a percentage of your enrolled debt, set individually, and charged only after a settlement is reached.
- Not all creditors agree to settle, and not everyone completes the program.
- We do not guarantee any amount, percentage or timeline.
- Debt settlement is not available in all states. We are not a nonprofit or a credit counseling service, and we do not lend money.
- We do not give legal or tax advice. Talk to an attorney or a tax professional about your situation.
Can a debt collector garnish my wages in Texas?
Not for credit card, medical or most other consumer debt. The Texas Constitution allows wage garnishment only for court-ordered child support and spousal maintenance. Federal student loans and tax debts follow separate federal rules.
Can my bank account be garnished in Texas?
After a judgment, yes, if the creditor gets a writ from the court. Some money in the account may be exempt, such as two months of directly deposited federal benefits, and exempt money usually has to be claimed through the court.
Can federal student loans garnish my wages in Texas?
Yes. Federal law allows administrative wage garnishment of up to 15% of disposable pay for defaulted federal student loans, and the Texas constitutional rule does not stop it.
Is Social Security protected from garnishment in Texas?
When Social Security is deposited directly, federal rules require the bank to protect up to two months of those deposits from a garnishment order. A legal aid office can help if more was frozen.
Sources
Where the facts on this page come from. Each link opens the original in a new tab.
- 01 Texas Legislature Texas Constitution, Article XVI, Section 28: no garnishment of current wages except court-ordered child support and spousal maintenance (opens in a new tab)
- 02 Texas Legislature Tex. Civ. Prac. & Rem. Code ch. 63: garnishment (63.001 grounds, 63.004 current wages exempt) (opens in a new tab)
- 03 Texas Legislature Tex. Civ. Prac. & Rem. Code ch. 31: judgments (31.002 turnover of nonexempt property, 31.0025 no turnover of unpaid wages, 31.006 revival within 2 years) (opens in a new tab)
- 04 Texas Legislature Tex. Prop. Code ch. 42: personal property exemptions (42.001 $100,000 family or $50,000 single; 42.002 list; 42.0021 retirement accounts) (opens in a new tab)
- 05 Texas Legislature Tex. Prop. Code ch. 41: the homestead exemption (41.001 exempt from seizure; 41.002 10 acres urban, 200 or 100 acres rural) (opens in a new tab)
- 06 Cornell LII 15 U.S. Code 1673: Restriction on garnishment (25% of disposable earnings or 30 times the federal minimum wage) (opens in a new tab)
- 07 Cornell LII 15 U.S. Code 1677: State laws that allow less garnishment still apply (opens in a new tab)
- 08 Cornell LII 20 U.S. Code 1095a: administrative wage garnishment for federal student loans (up to 15% of disposable pay) (opens in a new tab)
- 09 eCFR 31 CFR 212.6: banks must protect two months of directly deposited federal benefits from garnishment (opens in a new tab)
- 10 TexasLawHelp.org (Texas Legal Services Center) Exempt property in debt collection: forms and instructions (opens in a new tab)
Next step
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