Training For Texas Garnishment Law Requirements

Training For Texas Garnishment Law Requirements

Texas Wage Garnishment RulesWhat Is A Garnishment?

A wage garnishment is any legal or equitable procedure through which some portion of a person's earnings is required to be withheld by an employer for the payment of a debt.

The six basic types of garnishments are child support, federal, state, or local levies, creditor garnishments, and student loans, with the largest amount of garnishments being for child support.

Employer Guidelines For Handling Garnishments

Employers generally have to notify the debtor in writing that a wage garnishment is about to start before making a garnishment and sending payments to the creditor. The wage garnishment then typically continues until the debts are paid off or otherwise resolved. Employers are required to provide employees with a copy of garnishment paperwork.

With regard to child support garnishments, all states are required to use the "Order/Notice To Withhold Income For Child Support" notice for Child Support. This notice is designed to provide employers with key information so that they do not have to decipher unfamiliar orders/notices from different states. Click here for details on this notice, including steps to process this notice.

Employers should note that they cannot contest the income-withholding order; however, the employer should contact the issuing agency if unable to implement the withholding either because the individual named in the order is not an employee or a withholding is already in place for the child and employee. Additionally, employers should note that states often have varying garnishment rules, so they should be sure to know the payroll wage garnishments rules for the state(s) in which it does business.

Texas Wage Garnishment Rules

In Texas, wage garnishments are commonly referred to as "wage attachments". Wage attachments are orders from courts or state agencies that direct an employer to withhold a specific amount from an employee's wages, then disburse those funds to the named creditor.

Though most states allow garnishments for bankruptcies, consumer debt, and other reasons, Texas only allow garnishments from/for the following entities or reasons:
  • Unpaid child support
  • Alimony
  • Federal and state government for unpaid taxes, fines, and penalties
  • Unpaid student loans that have been declared in default
Texas employers should note, however, that debts incurred in other states may not be protected from wage garnishment by Texas law.

Texas law also allows state agencies to deduct an administrative fee from the employee’s disposable earnings each month; this is in addition to the amount required to be withheld under the withholding order.

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Contact Info For Texas Garnishments Law

Central Services Building
1711 San Jacinto Blvd., Suite 180
Austin, Texas 78701-1416

References and Disclaimers

This information is based on a variety of state laws and regulations, and is subject to change. The PayrollTrainingCenter makes every effort to make sure this information is current and accurate, however, the PayrollTrainingCenter is not engaged in rendering legal or professional advice and shall not be held responsible for any inaccuracies contained herein.

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