Can a debt collector garnish my wages?
Yes, in Texas, a debt collector can garnish your wages if you cannot pay your debt. In Texas, this is referred to as a “wage garnishment” or “wage attachment.” Generally, a creditor must obtain a court order or judgment against you in order to garnish your wages. A court order or judgment is an official document that states that you owe a debt and must pay it. Once a judgment or court order is obtained, the creditor can go to your employer and ask your employer to garnish your wages. The creditor can also ask the courts to garnish the bank account you used to pay them or take funds directly from your paycheck. If a creditor does garnish your wages, they will typically take 25% of your disposable earnings or the amount by which your disposable earnings exceed 30 times the federal minimum wage, whichever is less. That amount is then sent to the creditor. To protect yourself, you may wish to consult with an attorney to learn about the legal options available to you so that your wages are not garnished. An attorney can provide you with legal advice and assistance in determining the best course of action to take if a creditor tries to garnish your wages.
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