Wage garnishment refers to a legal process in which a portion of an individual’s earnings is withheld by their employer to satisfy a debt, typically following a court judgment. In Texas, wage garnishment is highly restricted compared to other states.
Generally speaking, in Texas, creditors cannot garnish wages for a certain type of debt, such as credit cards or medical bills. However, garnishment is permitted for specific obligations, such as child support, spousal maintenance, federal student loans, and unpaid taxes.
Under Texas Civil Practice and Remedies Code Section 63.004, current wages for personal services are exempt from garnishment, except as otherwise provided by state or federal law. This means that unless the debt falls under one of the exceptions, your paycheck is protected from garnishment by most creditors.
If a creditor is legally allowed to garnish wages, such as for child support, employers must comply with the withholding order. Texas law also allows employers to deduct money from a paycheck or bank account for a monthly administrative fee of up to $10 for processing the garnishment, as outlined in Section 63.006 of the same code.
For bank account garnishments or garnishment of other non-wage assets, Texas law provides a separate process through a writ of garnishment, which is governed by Chapter 63 of the Texas Civil Practice and Remedies Code. This allows creditors to seize funds held by third parties, like banks, after they first obtain a court judgment.
When Is a Creditor Allowed to Garnish My Wages in Texas?
As mentioned above, Texas law permits wage garnishment only under narrow circumstances. This distinguishes Texas from other states where consumer debt garnishment is more common. In general, creditors cannot garnish wages for unsecured debts like credit card balances or medical expenses. However, garnishment is allowed for specific obligations, including child support, spousal maintenance, federal student loans, and unpaid taxes.
For support-related obligations, Texas Family Code Section 158.009 allows withholding up to 50% of disposable earnings for child support and spousal maintenance. These orders are typically enforced automatically through income withholding.
On the other hand, defaulted federal student loans may trigger administrative wage garnishment, up to 15% of disposable income, under 20 U.S.C. Section 1095a(a) without a court order.
The Texas Constitution (Article 16, Section 28) firmly protects wages from garnishment, with exceptions only for court-ordered support. Similarly, Texas Civil Practice and Remedies Code Section 63.004 emphasizes that current wages are shielded from most garnishment actions unless specifically authorized by statute.
If you’re dealing with a potential wage garnishment, it is essential to review whether your debt falls within one of these limited categories. If not, the creditor will likely have to pursue alternative legal remedies, such as garnishing bank accounts or placing liens on property.
What Is Wrongful Wage Garnishment in Texas?
Wrongful wage garnishment in Texas occurs when a creditor or entity attempts to seize a portion of an individual’s wages in violation of state or federal law. As noted above, Texas has some of the strongest protections against wage garnishment in the country.
Once again, under Texas Civil Practice and Remedies Code Section 63.004, current wages for personal services are generally exempt from garnishment, except in cases involving child support, spousal maintenance, federal student loans, or unpaid taxes.
A garnishment may be considered wrongful if any of the following occur:
- It is initiated without a valid court judgment or legal authority
- It targets wages for debts not legally subject to garnishment under Texas law (e.g., credit card or medical debt)
- It exceeds the allowable percentage of disposable income under federal limits
- It garnishes exempt income, such as Social Security or veterans’ benefits
- The debtor was not properly notified or served, violating due process rights
It is important to also note that Texas Constitution Article 16, Section 28 reinforces the protection of wages from garnishment. That Article states that current wages are exempt except for court-ordered support obligations. As such, if a creditor garnishes wages outside of these exceptions, the debtor may challenge the action in court and seek to dissolve the garnishment order.
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Does the Wage Garnishment Have To Be Done With Malice?
In short, no. In Texas, wage garnishment does not have to be done with malice to be considered unlawful or improper. The legal standard focuses on whether the garnishment complies with statutory requirements, not the creditor’s intent.
In fact, Texas Civil Practice and Remedies Code Section 63.001 outlines the conditions under which a writ of garnishment may be issued, including that the garnishment is not sought to injure the defendant or the garnishee. This clause helps prevent abuse but does not require proof of malicious intent for a garnishment to be challenged.
If a creditor garnishes wages outside of the permitted exceptions, such as for consumer debts like credit cards or medical bills, then it may be deemed wrongful. This is true regardless of whether the creditor acted maliciously.
Texas law strictly limits wage garnishment to specific categories, including child support, spousal maintenance, federal student loans, and unpaid taxes, as reinforced by Section 63.004. That Section exempts current wages from garnishment except as otherwise provided by law.
Can I Stop a Wage Garnishment by Telling My Employer It’s a Wrongful Garnishment?
In Texas, simply telling your employer that a wage garnishment is wrongful does not automatically stop the garnishment. It is important to note that employers are legally obligated to comply with valid garnishment orders issued by a court or authorized government agency. If they fail to do so, then they may face penalties. That said, you do have legal options to challenge and terminate a wrongful garnishment.
Under Texas Civil Practice and Remedies Code Section 63.004, current wages for personal services are generally exempt from garnishment, except for specific debts like child support, spousal maintenance, federal student loans, and unpaid taxes. As such, if your wages are being garnished for a debt outside these exceptions, then you may be able to stop it through the courts.
The following is a list of steps to terminate a wrongful wage garnishment in Texas:
- Review the garnishment order: First, you should confirm whether the garnishment is legally valid and falls within the permitted categories under Texas law
- Gather financial documentation: Next, you should collect pay stubs, bank statements, and any notices received to support your claim
- File a Motion to Dissolve or Vacate the Garnishment. Then, you need to submit this motion to the court that issued the garnishment, citing the exemption under Section 63.004 or other applicable statutes
- Attend the court hearing: You should be prepared to explain why the garnishment is wrongful and present evidence
- Notify your employer of the court’s ruling: Once the garnishment is terminated, you need to provide your employer with a copy of the court order to stop further deductions
- Monitor future paychecks: You should then ensure that garnishment has ceased and that no additional amounts are withheld
Should I Talk to a Lawyer About Stopping My Wrongful Wage Garnishment in Texas?
If you’re facing wage garnishment in Texas and you suspect it is being done in violation of state or federal law, then it is recommended to set up a legal consultation in Texas with a Texas debt lawyer immediately. LegalMatch can assist you in locating an attorney near you experienced in handling wage garnishment matters.
A lawyer can help you review the garnishment order and determine if your wages are protected under Texas exemptions. They can also file the appropriate motions to challenge or terminate the wrongful garnishment. Acting quickly is key to protecting your income and avoiding further financial setbacks.
As such, it is recommended to meet with a lawyer who can advocate for your rights and guide you through the legal process as soon as possible. They can even represent you at any in person hearing, if necessary.