Texas Sample Letter for Garnishment
Description
How to fill out Sample Letter For Garnishment?
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FAQ
Dear Sir/Madam, I am writing to request that you stop the wage garnishment that is currently being imposed on me. I am unable to make the payments at this time due to [insert reason, such as financial hardship]. I have attached documentation that supports my claim.
The statute of limitations on debt in Texas is four years. This section of the law, introduced in 2019, states that a payment on the debt (or any other activity) does not restart the clock on the statute of limitations.
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.
If you want to stop wage garnishment once and for all, filing for bankruptcy is your best option in Texas. As soon as your DebtStoppers lawyer files your petition, the court will grant you an automatic stay that forbids any creditor from garnishing your wages.
Collect evidence showing how detrimental the wage garnishment is to your financial stability or how you qualify for an exemption. In either case, the creditor may agree to a solution that doesn't involve a garnishment, such as an adjustment payment plan or a settlement for a lump sum.
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.
Under Chapter 42 of the Texas Property Code, the following types of property are exempt from being taken or frozen to pay a judgment: Current wages. Social Security Administration benefits, including Social Security Retirement, SSI, and SSDI. Veterans Administration benefits. Railroad Retirement Board benefits.
