Yes, your bank account can be garnished in Texas, but only through a court order
A creditor cannot simply take money from your bank account without going to court first. Texas law requires a creditor to sue you, win a judgment, and then obtain a writ of garnishment from the court before your bank can freeze or transfer your funds. The process takes time, and you have the right to object at several points along the way.
Once a creditor has a valid writ of garnishment, your bank must comply. The bank will typically freeze the account and hold the money for a set period while the court decides what portion, if any, can be taken. Texas law protects certain funds from garnishment—some income sources and a portion of your account balance cannot be touched, even with a court order.
Key Takeaways
- A creditor must obtain a court judgment and a writ of garnishment before your bank account can be touched; no creditor can garnish without going through the courts.
- Your bank will freeze your account when it receives a writ, and you typically have 10 to 21 days to file an objection claiming exempt funds.
- Texas protects certain income sources from garnishment, including Social Security, unemployment benefits, and disability payments, even if they are in your bank account.
- If you receive a garnishment notice, contact the court or the creditor's attorney immediately to understand which funds are protected and what you owe.
The court process that leads to garnishment
Garnishment does not happen by accident or by phone call. A creditor must file a lawsuit against you in the county where you live or where the debt was incurred. You will receive a citation and a copy of the lawsuit, usually by certified mail or in person. This gives you time to respond—typically 20 days in Texas.
If you do not respond or if the court rules in the creditor's favor, the creditor receives a judgment. This is a court order saying you owe the money. The judgment itself does not take money from your account. The creditor must then file a separate request for a writ of garnishment and serve it on your bank. Only then can the bank freeze your account.
You have the right to appear in court and defend yourself at every stage. If you believe the debt is not yours, was already paid, or is outside the statute of limitations, you can say so in court. Many people lose by default simply because they do not show up or respond.
What happens when your bank receives a garnishment writ
When your bank gets the writ of garnishment, it must freeze your account. The bank will place a hold on funds up to the amount the creditor claims you owe, plus court costs and interest. You will usually receive a notice from the bank explaining the freeze, though the timing varies by bank.
Texas law gives you a window to object. You typically have 10 to 21 days from the date the writ is served on the bank to file a claim of exemption with the court. This is your chance to tell the judge which funds in the account are protected and cannot be taken. If you do not file a claim of exemption, the court may assume all the frozen money is available to the creditor.
The bank will hold the money during this period. If you file a claim of exemption and the court agrees that some or all of the funds are protected, the bank will release those funds back to you. If the court rules against you, the bank will transfer the money to the creditor.
Income and funds that cannot be garnished in Texas
Texas protects certain types of income from garnishment, even if the money is sitting in your bank account. Social Security benefits, Supplemental Security Income (SSI), unemployment benefits, and workers' compensation cannot be garnished to pay most debts. Federal student loan debt is an exception—the federal government can garnish Social Security to collect on defaulted federal student loans.
Disability payments, veterans' benefits, and certain pension income also have protection under federal law. The key is proving that the money in your account came from one of these protected sources. If you receive a direct deposit from Social Security into your bank account, that money remains protected even after it lands in the bank, as long as you can show the deposit came from Social Security.
Texas also protects a portion of your wages from garnishment if you are still employed. However, this protection applies to ongoing wage garnishment from your paycheck, not to money already in your bank account. Once wages are deposited into your account and mixed with other funds, the protection becomes harder to enforce unless you can trace the deposit back to a paycheck.
How to file a claim of exemption
If you receive notice that your bank account has been garnished, act quickly. Contact the court listed on the garnishment notice and ask for the form to file a claim of exemption. You can also contact the creditor's attorney—their name and phone number appear on the writ. Some courts allow you to file online; others require a paper form delivered in person or by mail.
On the form, list the funds you claim are exempt and explain why. For example: "The $2,000 in this account came from my Social Security deposit on March 1, 2024, and is therefore exempt." Be specific about dates and sources. Attach copies of bank statements, Social Security award letters, or other documents that prove the money is protected.
File the claim before the deadline. Mail it to the court and send a copy to the creditor's attorney. Keep proof that you filed and mailed it. If you miss the deadline, you lose your right to object, and the creditor can take the money.
What to do if you cannot pay the judgment
If the court has ruled against you and you genuinely cannot pay, you have options. You can request a hearing on debtor's examination, where you appear in court and explain your financial situation to the judge. The judge may reduce the garnishment amount, extend the payment timeline, or halt the garnishment if you can show you have no income or assets.
You can also explore whether the debt is old enough to be uncollectible. In Texas, most debts have a statute of limitations of four years. If the creditor sued you more than four years after the last payment or charge, you may be able to raise this as a defense. However, you must raise it in court—the statute of limitations does not stop garnishment on its own.
Some people file for bankruptcy to stop garnishment. Bankruptcy triggers an automatic stay, which halts all collection activity, including garnishment, while your case is pending. This is a serious step with long-term consequences, so consult a bankruptcy attorney before pursuing it.
Preventing garnishment before it happens
If you know a creditor is suing you, respond to the lawsuit. Do not ignore the court papers. Even if you cannot pay the full amount, showing up in court and explaining your situation is far better than losing by default. A judge may work out a payment plan that avoids garnishment altogether.
If you receive a demand letter from a creditor before they sue, consider negotiating a settlement or payment plan. Many creditors will accept less than the full amount if you can pay it quickly. Once a judgment is entered, negotiating becomes harder, though it is still possible.
Keep your bank account separate from accounts where you receive protected income. If you receive Social Security or unemployment benefits, consider using a separate account for those deposits. This makes it easier to prove those funds are exempt if garnishment occurs. Some banks offer special accounts designed to protect certain types of income.
Frequently Asked Questions
Can a creditor garnish my account without telling me first?
No. The creditor must sue you and obtain a judgment first. You will receive court papers before any garnishment happens. However, the garnishment itself may happen quickly after the judgment—sometimes within days. You may not know your account is frozen until you try to withdraw money or the bank notifies you.
How much of my account can be garnished?
Texas law limits wage garnishment to 25 percent of your disposable income, but bank account garnishment has no set limit. The creditor can take up to the full amount of the judgment, plus court costs and interest. However, exempt funds cannot be taken, and you can object to the garnishment in court.
Can I get my money back after it is garnished?
If you file a claim of exemption and the court agrees the funds are protected, the bank must return the money. If the court rules against you and the money is transferred to the creditor, you cannot get it back unless you can prove the creditor made an error or the judgment was wrong.
What if I do not have money to hire a lawyer?
Many legal aid organizations in Texas offer free or low-cost help to people who cannot afford a lawyer. Contact your local bar association or search for legal aid in your county. You can also represent yourself in court, though this is risky. At minimum, file a claim of exemption if you have protected funds.
Does garnishment affect my credit score?
The garnishment itself does not appear on your credit report, but the judgment that led to it does. A judgment can stay on your credit report for seven years and will harm your credit score. Paying off the judgment does not remove it immediately, though some creditors will agree to remove it if you pay in full.