Can a Joint Bank Account Be Garnished in Texas?

Bank garnishment is an aggressive method a creditor can use to recover unpaid debts that you owe. It involves contacting your bank to demand that the account be temporarily frozen, which means that you can deposit money into the account but cannot withdraw funds. The bank then forwards any nonexempt funds to the court to pay your creditor. Although Texas law prohibits the garnishment of your wages unless you agree in writing, a creditor can garnish your bank account in Texas without your consent. In some cases, it can even garnish funds held in a joint bank account.

Communal Property

In Texas all property that you accumulate after marriage is considered communal property -- that is, it is owned by both spouses. Likewise, both spouses are responsible for all debt accumulated after marriage. This means that a creditor may garnish funds in a bank account jointly held by spouses, regardless of which spouse owns the funds in the account, and regardless of which spouse accumulated the debt.

Exempt Property

Funds accumulated by one spouse before marriage may be exempt from garnishment in Texas. Also, certain funds, such as those derived from disability compensation, Social Security benefits, alimony and child support payments, veterans' benefits and civil service retirement benefits, are exempt from garnishment. If a creditor has frozen your joint bank account, you may petition the court that granted the judgment to prohibit garnishment of these funds within 30 days. You must also provide proof that these funds are exempt from garnishment.

Authorization of Garnishment

A debt does not automatically give a creditor the right to garnish your joint bank account in Texas. The creditor must first file a civil suit, typically in your county's court, to obtain a judgment for the amount owed. Because obtaining a judgment is costly and lengthy, creditors typically only file suit after exhausting all other collection efforts. After obtaining the judgment, the creditor may file for the court's authorization to locate and garnish your joint bank account. If the creditor cannot locate your account, it may request a hearing in which you must disclose your bank account information under oath.

Considerations

Texas law does not just give a creditor a single opportunity to garnish funds from your joint bank account. A judgment is valid in Texas for 10 years, meaning that if you do not have sufficient funds to satisfy the debt when the creditor initially orders the account freeze, it may garnish your account for 10 years or until the debt is fully paid. Also, a creditor may file for the renewal of a judgment at the end of the 10-year period, which gives the creditor an additional 10 years to collect funds from your joint bank account.

In Texas, you cannot be imprisoned for failure to pay a judgment debt. However, if the court orders a discovery hearing to obtain your bank account information and you do not show up, you may be arrested and imprisoned for contempt of court.