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Subject:  Re: I'm Drowning...advice on refinancing mortgag Date:  8/1/2010  11:18 AM
Author:  RedFi Number:  298718 of 312777

In Texas, you cannot garnish wages for a debt and there are substantial exemptions you can claim for your home, cash and personal property among other things. If you are more or less living paycheck to paycheck here beyond what you have in your house, car and retirement accounts, it's next to impossible for a creditor to seize anything from you ... at least until you die.

Although it is true that unpaid wages may not be garnished in Texas, this simply means that a judgment creditor cannot get a garnishment order requiring an employer to garnish wages before a paycheck is issued to an employee. Once those wages are deposited in a bank account (e.g. through direct deposit), they may then be garnished from the account (subject to any relevant objections). Texas law is crystal clear that once wages have been received by a debtor or are subject to his or her control, they are not free from garnishment. Fitzpatrick v. Leasecomm Corp., No. 12-07-00487-CV (Tex. Ct. App. Sept. 17 2008) ("A long line of garnishment cases has consistently held that wages cease to be 'current' and are no longer exempt when they are received by the wage earner or become subject to the wage earner's control."). Link here:

Sorry, I just wanted to clarify this point - I think someone from Texas could easily think that "wages are exempt from garnishment" to mean that they could always protect their salary from any judgment creditor, which is clearly not the case.
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