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View Full Version : Creditor wage garnishment in Texas


swynn
Sep 5, 2007, 09:07 AM
I work for a nationwide company and had a garnishment writ awarded against me to a landlord of mine in Arizona. I have since moved back to Texas. I know that this is legal in AZ but not in Texas. My HR dept said that they need a release from the clerk to stop the garnishment. My question is, can my employer still garnish my wages now that I live in Texas from Arizona's state ruling?

JohnSnownw
Sep 5, 2007, 09:23 AM
Collect Your Court Judgment With a Wage Garnishment (http://www.nolo.com/article.cfm/pg/1/objectId/D290F59B-0501-49EA-A540ABBE602C261E/catId/697A614B-B8AD-43EB-BE4B39DA5E65686B/104/308/191/ART/)

4. Texas Wage Garnishment

Wages cannot be attached or garnished, except for child support.

Income that is not a wage can be garnished or ordered turned over to a receiver.

Bank accounts, rents and royalties can be garnished.

Exemptions include social security benefits.

WARNING For individuals living in Texas who are paid from an out of state location, there is case law (Baumgardner vs. Sou Pacific 177 S.W. 2d 317) to support taking a judgment from Texas, domesticating the judgment in the foreign state, then filing the wage garnishment there. Many creditors have used this strategy successfully.

From:

State wage garnishment and attachment rules (http://www.fair-debt-collection.com/state-wage-garnishments.html)

I'm not positive, but what this is telling me, is that since you work for a nationwide company, the debtor may in fact be able to continue collecting.