Dallas Bankruptcy Attorney: CAN MY WAGES BE GARNISHED IN TEXAS?
The short answer to this question is “No.” Your wages cannot be garnished in Texas. But as anyone who practices law or has had experience with the legal system can tell you, there are generally exceptions to the rule.
Under Texas law, wage garnishment is available for the collection of child support payments and student loans. Additionally federal law can be used to garnish wages in order to collect federal income taxes owed to the Internal Revenue Service. However, debts that are owed as a result of breach of contract or a tort, such as an auto accident, cannot be collected by garnishing wages, unless the lawsuit that resulted in the judgment was litigated in a state where wage garnishment is permitted.
Employers can garnish wages to collect money owed by the employee to the employer, but this really isn’t garnishment. Wage garnishment is the collection of a debt from wages owed to a third party. Since the debt is owed to the employer by the employee, there is no third party, making this an exception to the rule that you cannot collect most debts by wage garnishment in Texas.
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