The authority
No current wages for personal service shall ever be subject to garnishment, except for the enforcement of court-ordered child support payments or spousal maintenance.Tex. Const. art. XVI, § 28
Tex. Const. art. XVI, §§ 28, 50; Tex. Prop. Code §§ 41.001–41.002, 42.001
When it applies
Every collection plan starts here, and so does every debtor's first question. The creditor needs to know where not to spend money; the debtor needs to know what is actually at risk.
How it is proved up
- Identify the homestead and its size. An urban homestead is protected up to ten acres; a rural one up to 200 acres for a family or 100 for a single adult.
- Look past the homestead to every other parcel the debtor owns, which the abstract of judgment reaches.
- Treat money in a bank account as reachable by garnishment even though the wages that funded it were exempt when paid.
- Count the personal property exemptions in the aggregate, not item by item, and look for what exceeds them.
- Reach business interests, receivables and closely held assets through turnover, a receiver or a charging order, and transfers made to avoid the judgment through the fraudulent transfer statute.
What defeats it
- Trying to garnish an employer for wages owed on an ordinary money judgment.
- Executing on the homestead for a debt that does not fall within the constitution's exceptions.
- Levying on exempt personal property that is within the aggregate limits.
Where I have used it
Collection plans built around exemptions, from the abstract of judgment through turnover, receivers and charging orders.
Questions
Can you garnish wages in Texas for a judgment?
Not for an ordinary money judgment. The Texas Constitution bars garnishment of current wages except to enforce court-ordered child support or spousal maintenance. Money already deposited in a bank account is treated differently and is reached by garnishing the bank.
Can a creditor take my house in Texas?
A homestead is protected from forced sale for most debts. The exceptions are set out in the Texas Constitution and include the purchase money, taxes, and liens the owner granted on it, such as a mortgage or a home equity loan.
How much personal property is exempt from a judgment in Texas?
Up to an aggregate fair market value of $100,000 for a family or $50,000 for a single adult, in the categories the Property Code lists, such as furnishings, vehicles and tools of a trade, plus separately exempt items like most retirement accounts.