Houston Texas Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee

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Houston
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US-02136BG
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Description

The U.S. Bankruptcy Code also allows individual debtors who meet certain financial criteria to adopt extended time payment plans for the payment of debts. An individual debtor on a regular income may submit a plan for installment payment of outstanding debts. This is called a Chapter 13 Plan. This plan must be confirmed by the court. Once it is confirmed, debts are paid in the manner specified in the plan. After all payments called for by the plan are made, the debtor is given a discharge. The plan is, in effect, a budget of the debtor's future income with respect to outstanding debts. The plan must provide for the eventual payment in full of all claims entitled to priority under the Bankruptcy Code. The plan will be confirmed if it is submitted in good faith and is in the best interest of the creditors.


A Chapter 13 plan must provide for the submission of all or such portion of future earnings or other future income of the debtor to the supervision and control of the trustee as is necessary for the execution of the plan. After the confirmation of a Chapter 13 plan, the court may exercise its discretion and order any entity from whom the debtor receives income to pay all or part of such income to the trustee.

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FAQ

The garnishment law allows up to 50% of a worker's disposable earnings to be garnished for these purposes if the worker is supporting another spouse or child, or up to 60% if the worker is not. An additional 5% may be garnished for support payments more than l2 weeks in arrears.

You can STOP the garnishment any time by paying the Clerk's Office what you owe. The Clerk will give you a receipt. Take the receipt to your employer right away. They should stop taking money from your pay as soon as they get the receipt.

The amount of pay subject to garnishment is based on an employee's ?disposable earnings,? which is the amount of earnings left after legally required deductions are made.

If your employer receives a garnishee order they must take an amount of money from your wage and pay it to the other party. This will continue each time you are due to be paid your wages until the whole of the judgment debt has been paid or until the court stops the order.

EXAMPLES OF AMOUNTS SUBJECT TO GARNISHMENT An employee's gross earnings in a particular week are $263. After deductions required by law, the disposable earnings are $233.00. In this week, $15.50 may be garnished, because only the amount over $217.50 may be garnished where the disposable earnings are less than $290.

Even after a garnishment has started, you can still try and negotiate a resolution with the creditor, especially if your circumstances change.

A garnishment judgment will stay on your credit reports for up to seven years, affecting your credit score. But there are a few easy ways to bolster your credit, both during and after wage garnishment.

It is usually enforced through a court order requiring an employer to deduct money from an employee's compensation until the employee's entire debt is paid, or other arrangements are made to pay the debt in full. Typically, garnishment is taken to satisfy debts related to: Student loans. Child support.

Wage garnishments are court-ordered deductions taken from an employee's pay to satisfy a debt or legal obligation. Child support, unpaid taxes or credit card debt, defaulted student loans, medical bills and outstanding court fees are common causes for wage garnishments.

You can STOP the garnishment any time by paying the Clerk's Office what you owe. The Clerk will give you a receipt. Take the receipt to your employer right away. They should stop taking money from your pay as soon as they get the receipt.

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Houston Texas Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee