Wage garnishment in Texas: When and how can it be done?

Wage garnishment can only be used to collect on certain debts and within set limitations.

2013-04-30

April 30, 2013 (Press-News.org) Wage garnishment in Texas: When and how can it be done?

Article provided by Mastriani Law Firm, PC
Visit us at http://www.texasdebtdefense.com

Sometimes an item of property may be taken to pay off a debt, such as when a car is repossessed because the owner failed to make payments on the loan. In other cases, an individual may have a portion of his or her paycheck or wages withheld and used to pay off a debt. The latter is called wage garnishment, and it can only be used to collect on certain debts and within set limitations.

Debt collectors may threaten to have an individual's wages garnished to pay off a consumer debt such as credit card debt in Texas, but this is prohibited. Understanding how wage garnishment works and when it may be done can help allay one's fears when dealing with debt and harassing creditors.

What is wage garnishment?

When an individual's wages are garnished, the creditor presents a court order to the individual's employer, showing that the creditor was granted the right to garnish the individual's wages after a hearing before a judge. Then, a portion of the individual's wage, salary, commission, bonus or retirement plan may be withheld, with the funds used to pay off the debt.

Who and what debt does it apply to?

Wage garnishment can occur to anyone receiving personal earnings -- excluding tips -- with qualifying debt. In Texas, wage garnishment can only be used to obtain funds to pay off court-ordered child support, student loans or back taxes owed to the government. Wages cannot be garnished to pay off medical debt, credit card debt or mortgage debt.

Are there limitations on wage garnishment?

In addition to the restrictions on the type of debt that wage garnishment can be used to pay off, there are also limitations on how much money can be withheld from an individual's paycheck under the Consumer Credit Protection Act.

The CCPA offers employees two significant protections regarding wage garnishment. First, the amount of earnings that can be garnished in any workweek or pay period is capped at either 25 percent of the individual's disposable earnings, or the amount by which the individual's disposable earnings exceed 30 times the federal minimum wage, whichever is less. However, some provisions allow up to 50 or 60 percent of an individual's disposable earnings to be garnished for certain child support obligations. An individual's disposable earnings are defined as the amount he or she receives after legally required deductions like taxes and Social Security contributions are made.

Second, under the CCPA, employees cannot be fired from their jobs because their wages are garnished for one debt. Conversely, though, it is permissible for an employer to fire an individual if two or more of his or her debts are subject to wage garnishment.

Wage garnishment can be a complicated process with many legal nuances. If you are struggling with debt and may be facing wage garnishment, contact a debt defense attorney who can help you understand your options and find a solution.

ELSE PRESS RELEASES FROM THIS DATE:

Debt collection acts protect Texans against creditor harassment

2013-04-30

Debt collection acts protect Texans against creditor harassment Article provided by Mastriani Law Firm, PC Visit us at http://www.texasdebtdefense.com Living with more debt than you can afford can add a lot of strain to daily life. When struggling to make ends meet, harassing phone calls and letters from credit card companies, debt collectors and collection agencies can make it even worse. Sometimes debt collectors may make threats or take certain actions that are prohibited by law, though, and they should be stopped. The Texas Debt Collection Act and the Fair Debt ...

Changes coming to Alabama motorcycle licenses?

2013-04-30

Changes coming to Alabama motorcycle licenses? Article provided by Hollis, Wright, and Couch, P.C. Visit us at http://www.hollis-wright.com Motorcycle enthusiasts often look forward to the spring and summer, because this means that they will have more opportunities to head out on area roadways. Experienced motorcyclists know that they need to remain alert each time they go out for a ride, because if an accident happens, it almost always means that the rider will suffer serious injuries. In many states, drivers must undergo specific testing, including a skills ...

Drug-detecting dogs potentially an issue in Colorado marijuana cases

2013-04-30

Drug-detecting dogs potentially an issue in Colorado marijuana cases Article provided by Joneson & Michael, LLC Visit us at http://www.gerijoneson.com The recent changes to marijuana laws within Colorado have led to many questions for both residents and law enforcement officers. Individuals need to learn the new rules in place to understand the use that is permitted, because some activities, including driving under the influence of the drug may still result in potential criminal charges. For police, the changes are leading to changes in the way they investigate ...

North Carolina cracking down on extremely impaired drivers

2013-04-30

North Carolina cracking down on extremely impaired drivers Article provided by Wood, Rabil & Peake, LLP Visit us at http://www.wrplaw.net Many states have passed laws that hand down very severe punishments for individuals convicted of driving while intoxicated. These laws are often the topic of much debate each year, as legislators try to create tougher penalties that serve as a strong deterrent to motorists who might think about getting behind the wheel after they have had a few drinks. The North Carolina House of Representatives recently passed two bills ...

Searching for the answers to questions about traumatic brain injury

2013-04-30

Searching for the answers to questions about traumatic brain injury Article provided by Donohue, Sabo, Varley & Huttner, L.L.P. Visit us at http://www.dsvalaw.com We live in a fast-paced world where cars are driven faster, sports are one of the most popular forms of entertainment and many search for the next big thrill. However, with a world that travels at high speeds comes a higher risk of serious injury when someone crashes--especially brain injury. The NFL has been the subject of several civil liability lawsuits filed by families of players who died from ...

FMCSA enhances medical examinations of commercial drivers

2013-04-30

FMCSA enhances medical examinations of commercial drivers Article provided by Rainwater & Gibbs, LLP Visit us at http://www.swgalaw.com In the spring of 2012, the U.S. Transportation Secretary announced a new rule that is aimed at protecting everyone on our nation's roadways by enhancing the standards that healthcare professionals must meet in order to perform medical examinations on truck and bus drivers. Pursuant to the new rule, health care professionals must be specially trained, tested and certified on the things that physically affect a driver's ability ...

"Never events" highlight need for increased safety measures in hospitals

2013-04-30

"Never events" highlight need for increased safety measures in hospitals Article provided by The Odom Law Firm Visit us at http://www.odomfirm.com According to a recent Johns Hopkins study, 80,000 egregious surgical errors occurred between 1990 and 2010. Nearly 25 percent of these incidents involved performing an operation on the wrong site while 25 percent involved performing the wrong operation entirely. Alarmingly, almost 50 percent of the surgical errors involved leaving surgical tools inside the patient's body, posing a substantial risk for a systemic ...

Robot-assisted surgeries not always free from surgical errors

2013-04-30

Robot-assisted surgeries not always free from surgical errors Article provided by Law Offices of Steven I. Kastner Visit us at http://www.kastnerlaw.com As robotic surgery has gained popularity as a less invasive option, some question its safety. While human error on the operating table can lead to complications, robotic surgeries are not free from surgical errors. A federal agency is now examining failures related to the surgical devices. Television network CNBC launched a series addressing complications caused by the da Vinci surgical robot following several ...

Impact of SCOTUS drug case holdings on drug charges in Michigan

2013-04-30

Impact of SCOTUS drug case holdings on drug charges in Michigan Article provided by Garton & Vogt, P.C. Visit us at http://www.macombcountycriminallawyer.com/ The Supreme Court of the United States, or SCOTUS, recently issued holdings on two dog sniffing cases. The cases took two different situations into consideration. The first, Florida v. Harris, considered whether a drug-sniffing dog can be used to conduct a search on a vehicle while the second, Florida v. Jardines, answered whether a dog could be used to search the area immediately surrounding a person's ...

White collar crimes: Conviction can lead to imprisonment and hefty fees

2013-04-30

White collar crimes: Conviction can lead to imprisonment and hefty fees Article provided by Garton & Vogt, P.C. Visit us at http://www.macombcountycriminallawyer.com/ Long prison sentences are often equated with violent crimes like rape and murder. However, these crimes are not the only ones that can result in years spent behind bars. Non-violent crimes can also lead to years, even decades, spent in prison. Those convicted of crimes within one group of non-violent crimes, called white collar crimes, can find themselves serving prison terms of fifty or more years. Critics ...

NFCR congratulates Dr. Robert C. Bast, Jr. on receiving the AACR-Daniel D. Von Hoff Award for Outstanding Contributions to Education and Training in Cancer Research

Wage garnishment in Texas: When and how can it be done?

ELSE PRESS RELEASES FROM THIS DATE:

LAST 30 PRESS RELEASES: