Wage garnishment in Texas

🟢 Private-creditor wage garnishment is banned in Texas.

If a credit card company or medical debt collector is garnishing your wages here, that garnishment may be illegal. But read the bank-account warning below — your deposited wages are still vulnerable.

—no fixed debtor deadline — file as soon as possible

Private-creditor garnishment

PROHIBITED for most consumer debt. Texas Constitution Art. XVI, Sec. 28: 'No current wages for personal service shall ever be subject to garnishment, except for the enforcement of court-ordered child support payments' — amended in 1999 to add court-ordered spousal maintenance as a second exception. Codified at Tex. Civ. Prac. & Rem. Code Sec. 63.004 ('Current wages for personal service are not subject to garnishment') and Tex. Prop. Code Sec. 42.001(b)(1). (Note: Sec. 63.002 only names WHO may issue a writ — the ban itself lives in Art. XVI Sec. 28 + Sec. 63.004.) Covers wages 'while in the hands of the employer'; independent-contractor pay is not 'wages' under case law. IRS levies, child support, spousal maintenance, and federal student-loan admin garnishment still reach the paycheck via federal law.

How much of your pay is protected

Current wages for personal service are 100% exempt from garnishment, attachment, execution, or other seizure except for court-ordered child support or spousal maintenance (Tex. Const. Art. XVI Sec. 28; Tex. Prop. Code Sec. 42.001(b)(1)). No percentage cap is needed — the wage itself cannot be taken at the employer level.

Income that's off-limits

Current wages for personal service (in the employer's hands)
Social Security benefits
Railroad retirement benefits
Veterans benefits
Unemployment compensation
Workers' compensation benefits
IRA and pension/retirement benefits
Alimony and child support received
Unpaid commissions for personal services, up to 25% of the $100,000 (family) / $50,000 (single adult) aggregate personal-property limits (Tex. Prop. Code Sec. 42.001(d))

How to fight: the claim of exemption

No wage-garnishment claim-of-exemption exists because private-creditor wage garnishment is unconstitutional. For BANK-account garnishments (which ARE allowed in Texas), the debtor challenges the writ by filing a Motion to Dissolve the Writ of Garnishment (Tex. R. Civ. P. 664a), asserting that funds are exempt. The writ paperwork served on the debtor includes Supreme Court-approved exemption-rights forms.

Your hearing rights

Bank-garnishment writs: debtor files a Motion to Dissolve; the court holds a hearing on the motion (Tex. R. Civ. P. 664a). The writ can be quashed for any procedural non-compliance (strict-compliance standard) or because the funds are exempt. Exact hearing timeline after the motion — unverified, needs attorney review.

Watch out

BIGGEST GOTCHA: wages lose 'current' status (and the constitutional exemption) the moment they are paid to and received by the wage-earner (Am. Express Travel Related Servs. v. Harris, 831 S.W.2d 531). So creditors routinely levy TEXAS BANK ACCOUNTS instead — deposited wages can be seized unless traceable to an exempt source (SS, VA, etc.). Bank garnishment is the main private-creditor collection tool in Texas. Debtors get notice AFTER the account is frozen and must move fast with a motion to dissolve. Anti-retaliation: an employer may not discharge an employee because of a garnishment (15 USC 1674, federal).

⚠️ The bank-account loophole

In every state — including states that ban wage garnishment — once your paycheck is deposited, a creditor with a judgment can often levy your bank account instead. Wage protection and bank-account protection are different things. Our bank-account guide explains how to protect deposited funds.

Federal debts follow federal law

Child support (up to 50-65% per 15 USC 1673(b)), IRS tax levies, and federal student loan administrative garnishment (up to 15% of disposable pay) follow federal law and are NOT blocked by state protections.

Our honest guide to what can't be stopped covers your real options: hardship claims, negotiation, and payment plans.

Don't miss your deadline.

The PaycheckDefense kit gives you a copy-ready claim-of-exemption letter for Texas, an exemption worksheet, a hearing script, and the bank-account protection checklist — for less than one hour of a lawyer's time.

Get the $39 Defense Kit

One-time payment. Not legal advice.

Sources: statutes.capitol.texas.gov, tcss.legis.texas.gov, law.justia.com, law.justia.com

Verified 2026-10-11. Laws change — confirm current statutes before acting.