What is a garnishment in civil law?
A garnishment is a court-ordered process in civil law where a creditor seeks to collect money owed to them from a debtor’s wages or bank accounts. Through this process, a portion of the debtor’s income or funds will be withheld by their employer or bank and sent directly to the creditor. In Texas, garnishment proceedings can be initiated when a debtor has failed to pay a debt, such as an unpaid loan or medical bill, or a court-ordered debt such as child support. In Texas, creditors must first file a lawsuit against the debtor in the relevant county court. If the lawsuit is successful, the court will issue a writ of garnishment, which is then sent to the debtor’s employer or bank. Once received, the employer or bank is required to withhold a portion of the debtor’s wages or funds and pay it directly to the creditor. How much is withheld generally depends on the type of debt, the debtor’s income, and any available state or federal exemptions. In the case of wages, the creditor is limited to the lesser of 25% of the debtor’s disposable income or the amount by which the debtor’s disposable income exceeds 30 times the federal minimum wage. In the case of bank accounts, creditors can seize up to the amount of the debt, plus any interest or fees incident to the lawsuit. It is important to note that a debtor may be able to prevent a creditor from garnishing their wages or funds by filing a motion with the court to dissolve the writ of garnishment. This may be an option for a debtor who is currently in financial hardship and is unable to make payments to their creditor.
Related FAQs
What is the right of subrogation in civil law?What is a discovery request in civil law?
What is an arbitration award in civil law?
What is a hardship in civil law?
What is the purpose of a deposition in civil law?
What is a motion to dismiss in civil law?
What is a declaratory judgment in civil law?
What is the doctrine of precedent in civil law?
What is arbitration in civil law?
What is a motion for reconsideration in civil law?
Related Blog Posts
What Students Need to Know About Civil Law and Its Impact on Society - July 31, 2023Understanding the Basics of Civil Law and Its Role in Business - August 7, 2023
Exploring the Principles of Civil Law - August 14, 2023
Learning How to Effectively Use Civil Laws - August 21, 2023
Facts About the Differences Between Civil and Criminal Law - August 28, 2023