Wage-garnishment · TX
Texas wage-garnishment cap & exemptions
Texas's wage-garnishment rule, head-of-family exemption, exempt-property table, and bank-account-levy defense — statute-cited (Tex. Const. art. XVI, §28).
TX · wage-garnishment + debtor-exemption
Texas
- Cap statute
- Tex. Const. art. XVI, §28 (opens in a new tab)verified May 11
- Head-of-family exemption
- Not recognized as a distinct wage exemption.
- Claim-of-exemption form
- Texas does not have a state-court-published claim-of-exemption form for consumer-judgment levies because consumer wage garnishment is constitutionally prohibited. Bank-account levies still occur — see Tex. Prop. Code §42.001 (personal property exemptions) and consult a Texas attorney for the protected-deposit process.
What this means for Texas
Texas is one of four US jurisdictions (with North Carolina, Pennsylvania, and South Carolina) that prohibits consumer-debt wage garnishment outright. The Texas Constitution at Article XVI §28 protects current wages for personal service from garnishment, with carve-outs only for child support, federal taxes, federal student loans, and similar federal regimes. For a credit-card, medical-bill, or unsecured-loan judgment against a Texas resident, the practical answer for the wage stream is $0 — the writ has no force against current wages. Bank-account levies are a different matter (Texas does NOT extend constitutional protection to wages once they leave the wage stream and hit the account), so post-judgment defense focus shifts to wages-already-deposited rules and the unusually generous Texas property exemptions: unlimited rural homestead, $100k aggregate personal property, generally-unlimited retirement.
Calculate your protected amount
Pre-filled to Texas. Add your paycheck details to see the federal §1673 cap and any stricter state overlay.
- State
- 2Paycheck
- 3Debt type
- 4Head-of-family
- 5Result
Fill in your state and paycheck to see your federal + state cap.
Output appears here · all values cite primary-source statute · no inputs are logged
Federal vs Texas — at three reference paychecks
Comparative shape of Texas's cap relative to the federal §1673 default. Your actual output above reflects your specific paycheck and head-of-family status.
Exempt-property table — Texas
The categories below cover what creditors generally cannot reach. Each row carries the controlling state statute. Verify against the current statute text before relying on a specific dollar amount — state legislatures amend exempt-property caps regularly.
| Category | Amount / scope | Statute |
|---|---|---|
| Homestead | Unlimited (acreage-based: 10 acres urban / 100 acres rural / 200 acres family-rural) | Tex. Prop. Code §41.001-§41.002 (opens in a new tab) |
| Motor vehicle | One vehicle per licensed family member (part of $100k aggregate) | Tex. Prop. Code §42.002 |
| Tools of trade | Part of $100k aggregate (single) / $50k (single without dependents) | Tex. Prop. Code §42.001 |
| Household goods | Part of aggregate cap | Tex. Prop. Code §42.002 |
| Retirement | Generally unlimited (qualified plans + IRAs) | Tex. Prop. Code §42.0021 |
| Public benefits | Federal 31 CFR §212 + state-protected | Tex. Hum. Res. Code §31.040 |
| Wages already deposited | State-statute research pending | — |
Head-of-family exemption
Texas does not recognize a separate head-of-family wage exemption beyond the federal CCPA cap (or the state's stricter mirror). If state exemptions leave too little protected in a hard case, the federal §522(d) exemption election available in Chapter 7 bankruptcy may offer broader protection — but that is a separate analysis. See paycheck-protection strategies.
Bank-account levy defense — Texas
If your account is frozen, federal protection of SSA-class direct deposits is automatic (no claim required). Other categories require a timely claim-of-exemption filing.
What's protected, and what you do next
- State claim-of-exemption form: Texas does not have a state-court-published claim-of-exemption form for consumer-judgment levies because consumer wage garnishment is constitutionally prohibited. Bank-account levies still occur — see Tex. Prop. Code §42.001 (personal property exemptions) and consult a Texas attorney for the protected-deposit process.
- Select what's in the frozen account to see the procedural pathway. Federal SSA-class benefits have automatic protection; state-protected categories require a timely claim-of-exemption filing.
Free lawyer-referral option — Texas
The Texas Bar runs a lawyer-referral service offering low-cost (typically $0–$30) 30-minute consultations. Find your local referral service.
Free lawyer-referral option — Texas
The Texas Bar runs a lawyer-referral service offering low-cost (typically $0–$30) 30-minute consultations. Find your local referral service.
Other Wave-1 states
Citations
- Tex. Const. art. XVI, §28 (opens in a new tab)verified May 11— The Texas Constitution prohibits garnishment of current wages for personal service, except for the enforcement of court-ordered child support payments and certain federal regimes (federal tax, federal student loans).
- Tex. Prop. Code §41.001-§41.002 (opens in a new tab)verified May 11
- Tex. Prop. Code §42.002verified May 11
- Tex. Prop. Code §42.001verified May 11
- Tex. Prop. Code §42.002verified May 11
- Tex. Prop. Code §42.0021verified May 11
- Tex. Hum. Res. Code §31.040verified May 11