Stop Wage Garnishment In Texas: Know Your Rights & Options
Texas offers strong wage garnishment protection for most consumer debts. Only child support, taxes, and student loans qualify for garnishment. You can stop garnishment through exemption claims, debt settlement, or responding to lawsuits before judgments occur.
Respond to Your LawsuitThousands of Texans face financial struggles due to wage garnishment. Creditors can collect debts by withholding your wages. Your income drops, making it harder to pay your bills.
Texas wage garnishment laws protect you from unfair collection practices. You have multiple options to stop garnishment, including exemptions, debt settlement, and bankruptcy. We’ll break down each strategy below.
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Answer Your LawsuitWhat Is Wage Garnishment in Texas?
Wage garnishment requires a court order or judgment in Texas. Creditors obtain court orders to collect a portion of your wages. The court sends this order to your employer.
Your employer must legally withhold part of your paycheck. They send it to the creditor until you resolve the debt.
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Don’t let collectors win by default. Our partner Solo helps you answer lawsuits and negotiate settlements before garnishment starts.
Who Can Garnish Your Wages in Texas?
Few creditors can garnish wages in Texas. The Texas Attorney General’s Office has limited garnishment power. Other government agencies like the IRS can garnish for specific debts.
Texas law allows garnishment for:
- Court-ordered child support
- Unpaid taxes
- Student loans
- Judgments against you
The Texas Constitution prohibits garnishment for ordinary debts. Medical expenses and credit card debts don’t qualify for wage garnishment.
How Much Can Be Garnished in Texas?
Texas law limits garnishment to 25% of disposable earnings. Disposable earnings are what remains after mandatory deductions.
Mandatory deductions include:
- Taxes
- Social security
- Health insurance premiums
Income Exempt From Wage Garnishment in Texas
Texas law protects certain income types from garnishment:
- Veteran’s benefits
- Worker’s compensation benefits
- Social security benefits
- Supplemental security income (SSI)
- Unemployment benefits
- Child support payments you receive
Keep these funds in separate accounts. You must prove they’re used for their intended purposes.
Example: Ken owed $2,300 to a creditor. He received a weekly garnishment order for $110. Ken discovered the creditor included his workers’ compensation in his weekly income. He filed an exemption claim with proof that one-third of his income came from a work injury. The court reduced his garnishment to $70.
What Happens When Your Wages Are Garnished?
You’ll receive notice from your employer about withholding wages. The notice includes information about requesting a hearing. You can dispute the amount or object to the garnishment.
Without requesting a hearing, garnishment continues until you pay the debt. Request a hearing to present evidence against the garnishment. You must prove the garnishment is improper or the amount is incorrect.
Settle Your Debt to Avoid Wage Garnishment
Wage garnishment creates financial stress and hardship. You can avoid garnishment with the right strategies.
Stay current on your debts and pay them quickly. Contact your creditors immediately if you struggle with payments. Discuss your options and get assistance before garnishment starts.
Ignoring debts makes situations worse. You increase garnishment likelihood and reduce your monthly take-home pay.
Creditors often work with you to create new payment plans. You may settle debts for less than the full amount. Our partner Solo helps you negotiate settlements and avoid court judgments.
How Debt Settlement Works
Debt settlement involves offering creditors a portion of the total amount. You typically offer at least 60% of the debt’s value. Creditors drop legal claims and release you from the remaining balance.
Creditors consider settlement when you promise lump-sum payment. You clear the remaining amount within a short period. Debt settlement works best when you have cash saved or expect money soon.
Settling debt helps you avoid judgment and wage garnishment. You save money and move forward from financial challenges.
How to Stop Wage Garnishment in Texas
You have several options to stop ongoing wage garnishment:
File a Claim of Exemption
Challenge the garnishment if your income is exempt. File a claim with the court showing your income qualifies for protection. Provide documentation proving your income source and usage.
Pay the Debt in Full
Garnishment stops when you pay the entire debt. Contact your creditor to arrange full payment. You’ll immediately stop wage withholding.
Negotiate a Settlement
Creditors may accept less than you owe. Negotiate a settlement to stop garnishment quickly. Our partner Solo makes settlement negotiation simple and stress-free.
Object to the Garnishment Order
Request a hearing within the timeframe on your notice. Present evidence showing the garnishment is wrong. Explain why the amount exceeds legal limits.
Prevent Future Wage Garnishment
Prevention is easier than stopping active garnishment. Take these steps to protect your wages:
- Respond to debt collection lawsuits immediately
- Never ignore court summons or legal documents
- Communicate with creditors before they sue
- Create payment plans before judgments occur
- Keep exempt income in separate accounts
Answer debt lawsuits within 20-30 days of receiving your summons. Courts grant default judgments when you don’t respond. Default judgments lead directly to wage garnishment.
What Is Solo?
Solo makes resolving debt with collectors easy. You can respond to debt lawsuits, send letters to collectors, and settle debts.
Solo’s Answer service guides you through completing your legal response. An attorney reviews your document before filing. The platform handles court filing for you.
SoloSettle helps you contact creditors and negotiate settlements online. The platform simplifies and streamlines the debt settlement process.
No matter where you are in the debt collection process, Solo helps you resolve your debt.