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Can a Debt Collector Garnish My Wages in Texas?

Posted on in Debt Collection

TX bankrupcy attorneyIt is a common myth that debt collectors can garnish a person’s wages when they have not repaid their debts. While this is true in many states across the country, it is not true in Texas. Under Texas law, a person’s wages can be garnished for only very specific reasons and consumer debt collection is not one of them. If you are in debt and fear your wages may be garnished, read on to learn more about this law in Texas.

Understanding Wage Garnishments

Wage garnishments, also sometimes referred to as wage attachments, are court orders that are sent to a borrower’s employer when they have not repaid their debt. Once the employer receives the order, they are then required to withhold a certain amount of money from the employer’s paycheck. The employer must then send the amount that was withheld to the creditor.

In Texas, wage garnishments are only allowed for child support, alimony, taxes, and student loans. The amount of wages that are garnished from a person’s paycheck will depend on different factors. Still, it is generally believed that people should still have enough to live on after the garnishment and so, federal law does set a limit on how much can be taken from a person’s paycheck.

While most creditors in Texas cannot garnish a person’s wages, they do have the authority to freeze a person’s bank account. This means that while the funds will not come directly off of an employee’s check, they still may not be able to access those funds once they are deposited into the bank account.

Can an Employer Fire You Over a Wage Garnishment?

Employers typically do not like wage garnishments because they create more work for them. The employer must first withhold a certain percentage from an employee’s paycheck and is then responsible for forwarding those funds to the creditor. As such, many employees worry that if a valid wage garnishment is taken from their check, their employer may fire them. In most cases, there is no cause for concern.

The Consumer Credit Protection Act is a federal law that prohibits employers from firing an employee over one wage garnishment. However, when an employee has two or more wage garnishments being taken from their check, employers are not prohibited from terminating the employee. Texas also has its own laws on wage garnishment that largely mirror the federal law.

Call Our Texas Wage Garnishment Lawyer Today

No one wants to have their wages garnished but when it happens, too many people allow the garnishment to remain in place until the debt is paid. If a creditor has started garnishing your wages, our skilled San Antonio wage garnishment lawyer at the Law Offices of Chance M. McGhee can assist with your case. We know the defenses available to fight wage garnishments and will use them to give you the best chance of success in your case. Call us today at 210-342-3400 or fill out our online form to schedule a free consultation.

 

Source:

https://statutes.capitol.texas.gov/Docs/CN/htm/CN.16.htm#16.28

 

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210-342-3400

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