Writ of Garnishment in Texas
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Once you have a judgment against you, creditors can garnish your bank account in Texas. They do this with a Writ of Garnishment. They cannot garnish your wages but once you deposit your paycheck into the bank they can freeze your account with a valid judgment.
Notice of Garnishment
Usually you are given no notice of a garnishment. You may have a payment returned or you may receive a notice from your bank that your account is frozen. If creditors were to give you notice, then most people would probably move money out of their bank account. As a result, most garnishments come with no notice that it’s about to happen.
What Can Be Garnished
Pretty much all money in the account can be garnished. However, if you are on social security, at least two months of your monthly payments are supposed to be protected by your bank from garnishment. Money in retirement accounts is generally exempt from garnishment. Unemployment benefits are also exempt. Insurance proceeds from life, heath or accident insurance are generally exempt as well.
Stopping a Bank Garnishment
Once the proceeding has started, it is difficult to stop and usually will end after a few months. Thus, it is quite possible that your account will be frozen for several months. This is because the bank has to respond to the garnishment lawsuit formally with the Court. Then the bank has to turn over whatever non-exempt assets are in the account. This process takes some time. If you have money that is going to be direct deposited into your account during this time, it is important to take steps to protect this money.
If you have received a bank garnishment, contact us for more information.