Texas Sample Letter for Writ of Garnishment
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If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase ?please cease and desist all calls and contact with me immediately? to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.
Information in the Letter Other items in the letter are how often the deductions will occur, when they will begin and how long the deductions will last. You must also include who requested the garnishment, such as a state agency, court or business, as well as information on how the employee can stop the garnishments.
In Texas, wage garnishment is prohibited by the Texas Constitution except for a few kinds of debt: child support, spousal support, student loans, or unpaid taxes. A debt collector cannot garnish your wages for ordinary debts. However, Texas does allow for a bank account to be frozen.
Texas exempt property includes: The primary residence of a debtor (the ?homestead?) Cemetery plots purchased and intended for use by the family. Up to $50,000 of personal property for an individual.
The Writ of Execution is served to a county constable or sheriff, who must ?without delay? levy the real and personal property of the judgment debtor unless directed to do otherwise. If more than one Writ of Execution is served, then the assets are distributed in the order the writs are received.
In order to garnish your property, the creditor must first file a lawsuit and obtain a judgment against you. Before the lawsuit can proceed, you must be served or provided a copy of the creditor's complaint against you (also known as a ?petition?). This is called ?service of process.?
Debt Collectors Can't Take Your Home or Your Wages In Texas, if your residence has been declared a homestead, it cannot be taken to pay a debt?except for debts taken for the purchase of the home (i.e., mortgage in default), for home improvements, for home equity loans or to pay certain taxes.
Filing for bankruptcy creates an automatic stay or pause on garnishments. Most creditors are prohibited from taking or continuing actions to collect debts after an automatic stay is issued and that includes preventing or stopping a garnishment. However, the automatic stay does not provide 100% protection!
