Money & Debt · Wage Garnishment
Wage Garnishment Laws in Texas
How much of your paycheck a creditor can take in Texas, the pay that is fully protected, and what to do right now if a garnishment has started, cited to the statute.
The limit and what is protected in Texas
How much a creditor can take, the pay that is exempt, and where it comes from in the code.
The wage protection is not total. Wages can still be garnished for court-ordered child support, court-ordered spousal maintenance, unpaid federal or state taxes, and defaulted federal student loans. Federal law lets those obligations reach a paycheck even in Texas.
| Most a creditor can take | None from wages for ordinary consumer debt |
| How the limit works | Ordinary consumer debt cannot be garnished from wages |
| Fully protected pay | Current wages for personal services are fully protected from ordinary creditors while your employer holds them, so no part of your paycheck can be garnished for consumer debt. |
| Other exemptions |
|
| Federal backstop | Not applicable — wages are protected from ordinary consumer garnishment here. |
| Statute | Tex. Const. art. XVI, §28; Tex. Prop. Code §42.001(b) |
The protection covers wages only while your employer holds them. Once your pay lands in a bank account it is no longer treated as current wages, and a creditor with a judgment can freeze and levy that account through a writ of garnishment.
What you can do right now
Concrete, neutral steps if your wages are being garnished in Texas. This is legal information, not legal advice.
- Confirm what kind of debt the creditor is collecting
If the debt is an ordinary consumer or contract debt, a creditor generally cannot garnish your Texas wages at all. If it is child support, spousal maintenance, taxes, or a federal student loan, different rules apply, so identify the debt type first.
- Watch for a bank account levy instead of a wage garnishment
Because deposited pay loses its current wages protection, a judgment creditor may try to freeze your bank account with a writ of garnishment. Track which funds in the account are still exempt, such as Social Security or child support you receive.
- File a claim of exemption if an account is frozen
If a bank account is garnished, you can ask the court to release exempt funds by filing a claim of exemption, usually within a short deadline printed on the paperwork. Keep copies of everything you file.
- Talk to a nonprofit legal-aid office
Free legal-aid offices help Texans respond to collection lawsuits, check the math on a garnishment, and raise exemptions. There is no charge to ask a question.
You do not have to face a garnishment alone. This resource can help you check whether an exemption applies and how to file the paperwork.
→ TexasLawHelp: Garnishment in Debt CollectionThis is general legal information, not legal advice. Deadlines to claim an exemption are short and vary by court, so act quickly and confirm the specifics for your case.
What Texas workers get wrong
Texas gives working people one of the strongest wage protections in the country. Article 16, section 28 of the Texas Constitution says current wages for personal services shall never be subject to garnishment, and Property Code section 42.001 repeats that protection for the money your employer still holds. So when an ordinary creditor wins a credit-card or medical or contract judgment, it cannot order your employer to hand over part of your paycheck. Many Texans hear this and assume no wage can ever be touched, but that is only half the picture. The constitution carves out court-ordered child support and spousal maintenance, and federal law adds unpaid taxes and defaulted federal student loans. Just as important, the moment your pay reaches a bank account it stops counting as current wages, and a creditor can try to freeze that account instead.
Common questions
Can a credit card company garnish my wages in Texas?
No. A credit card debt is an ordinary consumer debt, and the Texas Constitution protects current wages for personal services from garnishment by that kind of creditor. Even after a credit card company wins a judgment against you, it cannot order your employer to withhold part of your paycheck.
Is wage garnishment ever allowed in Texas?
Yes, but only for a short list of debts. Wages can still be garnished for court-ordered child support, court-ordered spousal maintenance, unpaid federal or state taxes, and defaulted federal student loans. Every other kind of debt, including consumer and contract debt, cannot reach your wages while your employer holds them.
If my wages are protected, why did a creditor freeze my bank account?
The constitutional protection covers current wages only while your employer holds them. Once your pay is deposited, it is treated as an ordinary bank balance, not wages, so a creditor with a judgment can freeze and levy the account through a writ of garnishment. Some deposited funds, such as Social Security, may still be exempt and can be claimed back.
Does the federal 25 percent garnishment limit apply in Texas?
For ordinary consumer debt it does not come into play, because Texas bans that garnishment outright rather than capping it at a percentage. The federal percentage limits matter mainly for the debts that can still be garnished here, such as child support and defaulted federal student loans.
How can I stop a garnishment or bank freeze in Texas?
If an ordinary creditor is trying to garnish your wages, that garnishment is generally not allowed and you can raise the constitutional exemption. If a bank account is frozen, you can file a claim of exemption with the court to release protected funds, usually within a short deadline. A nonprofit legal-aid office can help you respond at no cost.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.