In Texas, the procedures for garnishments are outlined in Tex. Civ. Prac. & Rem. Code Ann. §§ 63.001 to.008. Garnishment has been defined as a "statutory proceeding whereby the property, money, or credits of a debtor in possession of another are applied to the payment of the debt.” Bank One, Texas, N.A. v. Sunbelt Sav., F.S.B., 824 S.W.2d 557, 558 (Tex. 1992).
As explained in Orange County v. Ware, 819 S.W.2d 472, 474 (Tex. 1991), a garnishment action generally requires three parties: the creditor, the debtor, and a third party who owes an obligation to the debtor such as an employer (also known as the "garnishee").
In a garnishment proceeding, the creditor steps into the shoes of the debtor to enforce any rights the debtor may have against the third party. Through the garnishment action, the creditor obtains payment or partial payment of the debt by impounding the debtor's money or property that is in possession of the garnishee.
Attorney to Stop Wage Garnishment in Dallas, TX
Texas exemptions prohibit a judgment creditor from garnishing wages. If you receive notice that your wages will be garnished because of an unpaid debt, contact the bankruptcy attorneys in Dallas, TX, at Littlefield Law Firm to discuss your options. Find out if you can stop the garnishment action and settle the debt.
Contact us to find out how much money can be garnished from your paycheck and whether you can stop the wage garnishment of your paycheck. Let us put our experience to work for you. Call (972) 812-0900 today.
Our bankruptcy attorneys represent clients in the bankruptcy courts in the Eastern District for the offices in Dallas and Fort Worth and the Northern District for the office in Plano, TX.
Call us at (972) 812-0900 to discuss your case.
Texas Garnishments Information Center
- When can wages be garnished in Texas?
- What happens to wage garnishments when a person files for bankruptcy?
- Where can I learn more about garnishments in Dallas?
In many cases, a creditor needs to first obtain a court order to garnish a person’s wages. Most garnishments for unsecured debts such as medical expenses or credit card bills require court judgments.
Article 16, Section 28 of the Texas Constitution states that no current wages for personal service shall ever be subject to garnishment, except for the enforcement of court-ordered:
- child support payments; or
- spousal maintenance.
Creditors are limited by federal law to garnishments of no more than 25 percent of a debtor's earnings or the amount by which the debtor's disposable earnings for that period surpasses 30 times the federal minimum hourly wage, whichever is less.
Filing for bankruptcy in Texas will result in an automatic stay, the injunction that halts most debt collection efforts. An automatic stay only remains in effect so long as your case is active (which is typically only a few months in a Chapter 7 case), but it can cease wage garnishment.
A person may be able to get wage garnishments completely discharged in a Chapter 7 case. When a person files for Chapter 13 bankruptcy, wage garnishments are usually worked into the debtor's repayment plan.
Fact Sheet | Wage and Hour Division (WHD) | U.S. Department of Labor — View a fact sheet providing information about the limits on amounts that can be withheld from a person's earnings under Consumer Credit Protection Act (CCPA) and the CCPA's protection from termination because of garnishment for any single debt. Learn more about Title III of the CCPA’s limitations on wage garnishments and how earnings are defined. You can also find information about limitations on the amount of earnings that may be garnished for child support and alimony, exceptions to title iii’s limitation on wage garnishments, and non-tax debts owed to federal agencies.
U.S. Department of Labor (DOL) Wage and Hour Regulations | Part 870 — View the DOL rules governing wage garnishments. You can review the general provision, exemption policy, and standards governing the granting of an application for exemption. You can also find terms and conditions of every exemption.
Find a Bankruptcy Attorney for Garnishments in Dallas, TX
Are you struggling in North Texas because of a wage garnishment? You will want to contact Littlefield Law Firm as soon as possible for help achieving financial freedom.
Our Dallas bankruptcy lawyers assist individuals in communities throughout Dallas County, Collin County, Kaufman County, and Rockwall County. Call (972) 812-0900 or submit an online contact form to have our attorneys review your case and discuss all your legal options during a free, no-obligation consultation.
This article was last updated on Friday, February 16, 2018.