Avoiding Wage Garnishment in Texas What the Law Says

Avoiding wage garnishment in Texas Learn how state laws protect your wages from creditors with key exceptions for taxes child support & student loans.

LawyerFluxMay 30, 2025

29 5 minutes read

Avoiding wage garnishment in Texas is a crucial financial safeguard for residents facing debt challenges. Known for its strong debtor protections, Texas has some of the most restrictive wage garnishment laws in the U.S., making it difficult for creditors to seize earnings for most types of debt. However, exceptions exist, particularly for obligations like child support, federal taxes, and student loans. Understanding these laws and how they apply to your situation can help you protect your hard-earned income and maintain financial stability.

While many states allow creditors to garnish wages freely, Texas provides robust legal shields against this practice. The state’s constitution and property codes prioritize keeping income in the hands of workers, with strict limits on when and how garnishment can occur. Still, navigating these protections requires awareness of key exemptions and potential creditor tactics. Whether you’re dealing with unpaid debts or simply preparing for financial security, knowing how to avoid wage garnishment in Texas is essential for safeguarding your paycheck and future.

Avoiding Wage Garnishment in Texas What the Law Says

What Is Wage Garnishment

Wage garnishment is a legal process where a court orders an employer to withhold a portion of an employee’s paycheck to repay a debt. This typically happens after a creditor wins a lawsuit against a debtor. While many states permit wage garnishment for various types of debt such as credit card balances, medical bills, or personal loans Texas has some of the strongest protections in place to prevent creditors from seizing wages.

Texas’s Strong Protections Against Garnishment

Unlike most states, Texas has constitutional and statutory safeguards that make wage garnishment extremely difficult for private creditors. The Texas Constitution (Article 16, Section 28) and the Texas Property Code protect wages from being garnished for most consumer debts, including credit cards, medical expenses, and personal loans. However, there are key exceptions, such as court-ordered child support, unpaid federal taxes, defaulted student loans, and certain criminal restitution payments. These protections ensure that workers can maintain their income while dealing with financial challenges.

Exceptions to Texas’s Anti-Garnishment Laws

Child Support and Alimony

In Texas, wage garnishment is mandatory for unpaid child support and court-ordered spousal maintenance under federal guidelines. The amount withheld depends on the debtor’s disposable income and support obligations, typically ranging from 50-65% of earnings. For parents not supporting another family, up to 60% may be garnished, while those supporting additional dependents may have only 50% withheld. An extra 5% can be taken for payments over 12 weeks in arrears. These garnishments take priority over most other debts.

Federal Taxes

The Internal Revenue Service (IRS) possesses strong collection authority, allowing wage garnishment for unpaid federal taxes without obtaining a court order. Through a “Notice of Levy,” the IRS can instruct employers to withhold a portion of wages, following federal standards that protect a minimum living allowance for taxpayers. The garnishment amount is calculated using IRS formulas that consider the taxpayer’s filing status, dependents, and necessary living expenses. Typically, the IRS leaves the taxpayer with an amount equal to the standard deduction plus personal exemptions.

Student Loans

For defaulted federal student loans, the U.S. Department of Education can administratively garnish up to 15% of a borrower’s disposable income without a court order one of the few debt types that bypass Texas’s general garnishment protections. Borrowers receive written notice 30 days before garnishment begins and have rights to request a review of their financial situation, propose alternative repayment options, or rehabilitate their loans to stop the garnishment.

Court-Ordered Debts

While Texas law prohibits wage garnishment for most debts, courts can order garnishment for unpaid criminal fines or court-ordered restitution. This exception applies when a defendant has been convicted of a crime and fails to pay court-mandated financial penalties. Judges typically determine garnishment amounts based on the defendant’s ability to pay while leaving sufficient income for basic living expenses. Unlike private creditors, government entities can enforce these garnishments without needing a separate civil judgment.

Texas Property Code Protections

Texas offers some of the nation’s strongest debtor protections by shielding essential assets from creditors through its Property Code exemptions. A homeowner’s primary residence (homestead) is completely protected from forced sale for unsecured debts, while personal belongings like clothing, furniture, and work tools up to specified values are also safeguarded. Retirement accounts such as 401(k)s, IRAs, and pensions remain untouchable, as do crucial income sources like unemployment benefits and disability payments. These exemptions ensure Texans can maintain basic living standards and financial stability.

How to Avoid Wage Garnishment in Texas

Negotiate with Creditors & Explore Debt Relief Options

Many creditors are willing to work with debtors to establish manageable repayment plans rather than pursuing legal action. Contacting creditors early to negotiate reduced payments or settlements can prevent default and potential garnishment. Additionally, filing for Chapter 7 or Chapter 13 bankruptcy can immediately halt wage garnishment for most debts (except child support, taxes, and student loans) and may eliminate certain obligations entirely. Bankruptcy also triggers an automatic stay, preventing further collection efforts while the case is resolved.

Challenge Illegal Garnishment & Prioritize Protected Debts

If a creditor attempts to garnish wages for debts do not exempt under Texas law (such as credit cards or medical bills), debtors can file a claim of exemption with the court to block the garnishment. It’s also crucial to stay current on priority debts like child support, federal taxes, and student loans since these are exempt from Texas’s garnishment restrictions. Setting up payment plans with the IRS, Department of Education, or state child support agencies can prevent involuntary wage withholding before it starts.

Conclusion

Avoiding wage garnishment in Texas is largely possible thanks to the state’s strong protections for wage earners. With some of the most debtor-friendly laws in the nation, Texas makes it extremely difficult for most creditors to garnish wages for typical consumer debts like credit cards or medical bills. However, as we’ve explored, key exceptions exist for child support, federal taxes, and student loans, making it crucial to stay current on these obligations. By understanding your rights and the specific circumstances where garnishment can occur, you’re better equipped to protect your income and financial stability.

For those facing potential wage garnishment in Texas, remember that proactive measures can make all the difference. Whether it’s negotiating payment plans, seeking legal exemptions, or consulting with a debt relief attorney, you have options to safeguard your earnings. The state’s laws provide a powerful shield, but they require informed action to use effectively. By staying educated about your rights and taking early steps to address debts, you can successfully navigate Texas’ unique legal landscape and keep your wages where they belong in your pocket.