Wage garnishment and exemptions in Texas

In Texas, wages generally can't be garnished for ordinary consumer debts. Below: bank accounts, the property Texas lets you keep, and the steps to claim it.

Short answer

Texas protects your pay more than federal law does. Current wages cannot be garnished for ordinary consumer debts such as credit cards or medical bills. The Texas Constitution allows wage garnishment only for court-ordered child support and spousal maintenance. We could not confirm a general dollar amount protected in a bank account in Texas; directly deposited federal benefits are still protected (31 CFR 212.6).

Wage limit
Not for most consumer debts
Federal benefits in a bank account
Up to 2 months protected
Law
Tex. Const. art. XVI, § 28; Tex. Prop. Code § 42.001(b)(1)

Your paycheck and garnishment in Texas

Wage limit
Stricter than federal. Current wages cannot be garnished for ordinary consumer debts such as credit cards or medical bills. The Texas Constitution allows wage garnishment only for court-ordered child support and spousal maintenance. Federal debts (taxes, federal student loans) can still be taken from wages under federal law.
Law
Tex. Const. art. XVI, § 28; Tex. Prop. Code § 42.001(b)(1)

Texas is one of 4 states in our 48 state guides where wages generally can't be garnished for ordinary consumer debts, or are protected when your family needs them.

In nearby states

Property you can keep in Texas

  • Your homestead is protected: up to 10 acres in a city, or up to 200 acres (family) / 100 acres (single adult) in the country (Tex. Prop. Code §§ 41.001-41.002).
  • Personal property is protected up to $100,000 for a family or $50,000 for a single adult, including one vehicle for each licensed driver in the household (Tex. Prop. Code §§ 42.001(a), 42.002(a)(9)).
  • Retirement accounts and HSAs are also protected (§ 42.0021).

Good to know in Texas

  • Your wages are generally safe from consumer creditors in Texas, even after a judgment (Tex. Const. art. XVI, § 28).

Bank accounts and garnishment in Texas

Directly deposited Social Security, SSI, VA and certain other federal benefits are protected up to two months' worth, without filing anything (31 CFR 212.5, 212.6). How garnishment follows a lawsuit.

No garnishment without a judgment in Texas

If you don't file an answer on time, the court can enter a default judgment against you for what the collector asks.

Answer the lawsuit by the deadline. In Texas: Justice court (debt claim cases up to $20,000, Tex. R. Civ. P. 500.3(b)): a written answer by the end of the 14th day after you are served (Tex. R. Civ. P. 502.5(d)).

What to do if you are sued in Texas

Protecting your pay and property in Texas

  1. Read every notice

    Exemption deadlines on court, employer or bank papers can be short, so mark them at once.

  2. Know Texas's limit

    Texas's wage rule: Current wages cannot be garnished for ordinary consumer debts such as credit cards or medical bills.

  3. Protect your bank money

    Check that the bank protected your direct-deposited benefits (31 CFR 212.6).

  4. File the exemption claim

    Get the exemption claim form from the clerk and file it in time. Start with Texas court self-help (official).

Questions about garnishment in Texas

How much of my paycheck can be garnished in Texas?

Stricter than federal. Current wages cannot be garnished for ordinary consumer debts such as credit cards or medical bills. The Texas Constitution allows wage garnishment only for court-ordered child support and spousal maintenance. Federal debts (taxes, federal student loans) can still be taken from wages under federal law.

Can a creditor take my home or car in Texas?

Your homestead is protected: up to 10 acres in a city, or up to 200 acres (family) / 100 acres (single adult) in the country (Tex. Prop. Code §§ 41.001-41.002). Personal property is protected up to $100,000 for a family or $50,000 for a single adult, including one vehicle for each licensed driver in the household (Tex. Prop. Code §§ 42.001(a), 42.002(a)(9)). Retirement accounts and HSAs are also protected (§ 42.0021).

More for Texas

Sources

Last checked: Oct 24, 2026.

Federal sources