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Houston Wage Garnishment Defense Attorney

Houston Wage Garnishment Defense Attorney

What is a Wage Garnishment?

Wage garnishment is a legal process through which a creditor or government agency can collect money owed to them by an individual by deducting a portion of the individual's wages or salary directly from their paycheck. Here are some key points to understand about wage garnishment:

Types of Debts Subject to Wage Garnishment: Wage garnishment can be used to collect various types of debts, including but not limited to:

  • Unpaid child support or spousal support (alimony).
  • Federal student loans that are in default.
  • Unpaid federal taxes owed to the IRS.
  • Court-ordered judgments for various types of debts.

Limits on Wage Garnishment: The amount that can be garnished from a person's wages is subject to federal and state laws. These laws dictate the maximum percentage of an individual's disposable income that can be garnished. In some cases, the garnishment amount may be limited to protect a certain portion of the debtor's income for basic living expenses.

Protection of Certain Income: Some income sources are protected from wage garnishment, such as Social Security benefits, certain types of public assistance, and retirement funds. These funds are typically exempt from garnishment.

Bankruptcy and Wage Garnishment: Filing for bankruptcy, specifically Chapter 7 or Chapter 13 bankruptcy, can have an impact on wage garnishment. In a Chapter 7 bankruptcy, certain unsecured debts may be discharged, potentially stopping wage garnishment for those debts. In a Chapter 13 bankruptcy, a repayment plan can be established to address and potentially reduce the impact of wage garnishments.

Seeking Legal Advice: If you are facing wage garnishment or have received a notice related to it, it is advisable to consult with a wage garnsihment defense attorney. An attorney can help you understand your rights and options, including whether bankruptcy is a viable solution to stop or limit wage garnishment.

Notice and Legal Process: Creditors or government agencies are generally required to follow specific legal procedures before initiating wage garnishment. This typically includes providing notice to the debtor and an opportunity to respond or challenge the garnishment.

It's important to note that the rules and regulations surrounding wage garnishment can vary from state to state, and federal laws also play a significant role. If you are facing wage garnishment in Houston, TX, it's crucial to seek legal advice from an attorney who is knowledgeable about the specific laws and regulations in Texas to determine the best course of action for your situation.


How to Stop Wage Garnishment

Sometimes there are not easy answers to garnishment problems and we understand that dealing with wage garnishment can be a stressful and challenging situation.

Remember that every wage garnishment case is unique, and the best course of action will depend on your individual circumstances. If you are dealing with wage garnishment or have received notices related to it, don't hesitate to reach out to our Houston wage garnishment defense attorneys. We are here to provide you with the support and legal expertise you need to address your wage garnishment concerns effectively and help you learn how to stop wage garnishment. 

Contact us today to learn more about how Keeling Law Firm can help you learn how to stop wage garnishment today and other services we have to offer such as:

[1] See Texas Civil Practices & Remedies Code Sec. 63.001 

[2] See Texas Civil Practices & Remedies Code Sec. 63.004.