Can Another State Garnish Wages From a Texas Employee?

Texas protects wages from garnishment for all consumer debts. If you earn your income in Texas, it is only subject to garnishment for child support, tax debts and student loans. However, it may be possible for creditors who obtained judgments from other states to garnish wages you earn in Texas.

About Garnishment

In most states that allow garnishment, a creditor can't garnish your wages or income unless he obtains a judgment. Some states also require a writ of execution. Once the creditor has obtained the necessary documentation, he can submit it to your employer. Most states allow creditors to garnish only a percentage of your disposable income, and federal law prohibits the garnishment of most federal benefits, such as Social Security and railroad retirement, in any state.

Garnishment from Other States

Though Texas doesn't allow garnishment from creditors who obtain judgments in Texas, it will honor garnishment orders obtained by creditors in other states. Texas allows judgment creditors with judgments from other states to garnish up to 25 percent of a debtor's wages. If the debtor's weekly income exceeds 30 times the minimum wage, the creditor may opt to garnish the excess amount instead.

Domesticated Judgments

Because Texas recognizes judgments for wage garnishment from other states, some Texas creditors may be able to garnish your wages by domesticating their judgments in other states. To domesticate a judgment in another state, the Texas creditor must obtain his judgment in a Texas court and then take the judgment to another state and petition a court to order the wage garnishment.

Considerations

Because domesticating a judgment is an expensive and lengthy process, most creditors use other methods to recover their debt. Texas doesn't prevent creditors from garnishing other types of income, such as rent or royalties. Texas creditors can also freeze your bank account and remove funds to recover debts, or they can seize your personal property and sell it. If you owe federal taxes, the government can garnish your wages in Texas without going through another state's court system.