Texas is one of the states that allow earnings to be withheld under limited circumstances, but you can garnish wages in Texas if you are one of the exemptions listed in the state guidelines. A federal court can issue a judgment for breach of contract or for a tort. If you owe taxes to the Internal Revenue Service (IRS) or any other taxing authority, you will have your earnings seized. If you owe child support in this State you will automatically have the amount withheld from your earnings whether you would have paid voluntarily or not.
We’ll review some of the ways you can garnish wages in Texas first, then we will do a quick review of the Texas law. The above paragraph stated that a federal court judgment could be used to seize your earnings. Federal courts have a larger area of enforcement than the state courts. Seizing banks accounts, earnings, and other assets is easier with a federal judgment. An example of a tort is a malpractice by any licensed professional. If you have a federal tort claim and the judge issues you an order for collection, you can use it in this State. The same holds true for breach of contract.
A judgment from a tort claim or from a breach of contract won in federal court that has monetary damages assessed can be used in Texas. You must live in Texas and there are strict rules that the creditor must follow. If you receive notice of pending withholdings you should make an appointment with an attorney familiar with these cases.
This means that when a judgment is obtained in a court outside of Texas from a federal court that it can be honored in the State. The Texas Court of appeals ruled that wage garnishments can be obtained by a creditor that is not from the State. There are certain circumstances that the court will allow for the domestication. The process does not occur with a great deal of frequency because it is time consuming and very expensive. The laws in Texas are very strict and you may be allowed to challenge and win the right to have your earnings exempted.
Let’s take a look at the Texas law. Texas has very few exemptions for creditors who are seeking wage withholding for debt payment. For the most part, employee’s wages are protected 100% by the law. Texas will allow wages to be seized for child support, taxes, and for domesticated lawsuits. You can garnish wages in Texas if you fall into one of these special circumstances categories.