The topic of garnishment in Texas generates scads confusion for both judgment creditors (those who own a judgment) and judgment debtors (people who owe a judgment). But, that confusion is completely unwarranted and I intend to clear up a lot of the misunderstandings within this brief article.
Understanding the Notion of Garnishment
The concept responsible for garnishment laws in Texas is not that difficult to understand. Garnishment in Texas is a simple remedy that permits a judgment creditor, referred to as the garnisher, to accomplish one of two things:
1. Take property belonging to the judgment debtor that is in the possession of a third party, known as the garnishee, or
2. Collect a debt that a third party owes to the judgment debtor.
Permit me illustrate each of these situations so you can get a better feel for exactly how they work.
In the first situation, let us suppose that I have a judgment against you. Let us further suppose that you possess a rare coin collection worth more than the judgment you are obligated to repay me. However, you store that coin collection in a deposit box at Main Street Bank in your home town.
Although there are a couple of ways I might gain access to your rare coin collection, one of the most effective is approach is the use of garnishment laws. By virtue of a proper utilization of garnishment laws I can take your assets, the coin collection, which is in the possession of a third party, Main Street Bank.
In the second situation, let us suppose you use to possess a 1963 Corvette in mint condition. But, you sold that Corvette to Joe, your co-worker, and that you financed the transaction. Joe is paying you $ 700.00 a month until he satisfies the purchase price. Joe owes you a financial debt for the price of the Corvette.
Once more, by properly using garnishment laws, I can easily have the monthly payments Joe is making to you for the purchase of your Corvette rerouted to me as payment on the judgment you owe.
These two situations show the classic use of garnishment laws. This all appears reasonably straightforward. So, exactly why is there so much confusion surrounding garnishment in Texas?
Wage Garnishment Is Constricted in Texas
The confusion about garnishment in Texas revolves around the issue of wage garnishment as a technique to collect a judgment or other debt. Many other states permit wage garnishment for collecting a judgment.
Texas does not support wage garnishment for general civil money judgments. According to Article XVI, ?? 28 of the Texas Constitution, wages for personal service are not subject to garnishment except for the enforcement of court-ordered child support payments or spousal maintenance. See also, Texas Civil Practice & Remedies Code ?? 63.004; Texas Property Code ?? 42.001 (b) (1).
If you are a judgment debtor in the State of Texas and the judgment against you is for something besides child support or spousal maintenance, you do not have to worry about your wages being garnished for that judgment. Wage garnishment is only possible in Texas if you owe a court ordered judgment for child support or spousal maintenance.
Author Resource:
Harvey L. Cox founded the Texas Judgment Debtor Center at http://texasjudgmentdebtor.com as a resource to help Texas judgment debtors understand their rights under Texas law.? He is also the author of "What You Absolutely Must Know If You Owe a Judgment in Texas."
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