Legal Question in Credit and Debt Law in Texas

Re: Can Wages be Garnished in the state of Texas?

Let's get clear about "wages" are. In Texas, wages are paid for your labor. In many instances, commissions paid to an individual can be classified as "wages." WAGES IN THE HANDS OF THE EMPLOYER ARE NOT SUBJECT TO GARNISHMENT EXCEPT FOR CHILD SUPPORT AND SOME FEDERAL TAX OBLIGATIONS. In other words, unless the debt is in the category that gets very special treatment, your friend cannot go to the employer and say "Pay me the money that you would have paid to your employee."

There is a legal twist to all of this: the paycheck is "wages," and exempt from garnishment while the employer has it. The paycheck is delivered to the employee, and is still "wages" and exempt from garnishment. The employee deposits the paycheck into the bank, and the paycheck loses its status as "wages" and becomes a "bank account" which IS subject to garnishment.

Moral to the story: a paycheck is wages, and a bank account containing the deposited paycheck is NOT wages.

Re: Can Wages be Garnished in the state of Texas?

Let's get clear about "wages" are. In Texas, wages are paid for your labor. In many instances, commissions paid to an individual can be classified as "wages." WAGES IN THE HANDS OF THE EMPLOYER ARE NOT SUBJECT TO GARNISHMENT EXCEPT FOR CHILD SUPPORT AND SOME FEDERAL TAX OBLIGATIONS. In other words, unless the debt is in the category that gets very special treatment, your friend cannot go to the employer and say "Pay me the money that you would have paid to your employee."

There is a legal twist to all of this: the paycheck is "wages," and exempt from garnishment while the employer has it. The paycheck is delivered to the employee, and is still "wages" and exempt from garnishment. The employee deposits the paycheck into the bank, and the paycheck loses its status as "wages" and becomes a "bank account" which IS subject to garnishment.

Moral to the story: a paycheck is wages, and a bank account containing the deposited paycheck is NOT wages. Wages cannot be garnished. Bank accounts can be garnished.

Re: Can Wages be Garnished in the state of Texas?

Wages cannot be garnished in TX. There are other methods of collection. Tell your friend to get a lawyer or call me, 1-877-320-5232