Yes, a checking account can be garnished in Texas, but Texas law protects a portion of your money

A creditor with a court judgment can garnish your checking account in Texas through a process called a writ of garnishment. The creditor's lawyer files the writ with the court, the court sends it to your bank, and your bank freezes the account. However, Texas has strong protections: certain funds in your account are exempt from garnishment, including money from Social Security, unemployment benefits, disability payments, and other protected sources.

The key is knowing what money in your account is protected and what is not. Money you earned from wages can be garnished. Money from a protected source—like Social Security or TANF (Temporary Assistance for Needy Families)—cannot be touched, even if it sits in your checking account. Your bank is required by law to identify and protect these exempt funds before freezing anything else.

Key Takeaways

  • A creditor must have a court judgment before they can garnish your checking account; they cannot do it on their own.
  • Texas protects certain funds in your account from garnishment, including Social Security, unemployment benefits, disability payments, and public assistance.
  • Your bank must separate protected funds from unprotected funds when a writ of garnishment arrives; you have the right to claim exemptions.
  • You can file a claim of exemption with the court to protect money that should not be garnished, and the burden is on the creditor to prove otherwise.
  • Wages can be garnished in Texas, but only up to the federal limit of 25 percent of your disposable income or the amount by which your weekly income exceeds 30 times the federal minimum wage, whichever is less.

What funds are protected from garnishment in Texas

Texas Property Code Section 42.001 lists the funds that cannot be garnished. The most common protected sources are Social Security benefits, Supplemental Security Income (SSI), Medicare payments, Veterans Administration benefits, unemployment insurance, workers' compensation, TANF, SNAP (food stamps), and child support payments you receive. If money from any of these sources is in your checking account, it remains protected even after a writ of garnishment is served on your bank.

The protection applies to the money itself, not to the account. If you deposit $800 in Social Security on Monday and $200 in wages on Tuesday, the $800 remains exempt. Your bank is supposed to track these deposits and flag them as protected. In practice, many banks use a "freeze and sort" method: they freeze the entire account, then release the protected portion after you file a claim of exemption.

Retirement accounts like IRAs and 401(k)s are also protected from most garnishments under federal law, though they are usually held at investment firms rather than checking accounts. If you have rolled retirement money into a checking account, consult a lawyer before assuming it is protected—the rules are complex and depend on how the money got there.

How the garnishment process works in Texas

A creditor cannot garnish your account without a court judgment. They must sue you, win the case, and obtain a judgment. Once they have the judgment, they file a writ of garnishment with the court. The court clerk issues the writ and sends it to your bank. Your bank receives the writ and must freeze your account within one business day.

Your bank will send you a notice that your account has been frozen. This notice must explain your right to claim exemptions and tell you how to file a claim. You typically have 10 to 21 days from the date the writ is served on the bank to file your claim of exemption with the court. If you do not file, the bank will release the non-exempt funds to the creditor after the waiting period ends.

The creditor does not have to notify you directly—only the bank does. If you do not receive a notice from your bank, call them and ask if a writ of garnishment has been served. Many people miss the deadline to claim exemptions simply because they did not know their account was frozen.

Filing a claim of exemption to protect your money

If your account is garnished and you believe some or all of the money is protected, you must file a claim of exemption with the court. This is a written statement, signed under oath, that lists the protected funds in your account and explains why they are exempt. You file it with the court that issued the writ, not with your bank.

The claim of exemption form is usually available from the court clerk's office or the court's website. You will need to describe the source of each deposit—for example, "On January 15, I deposited $800 in Social Security benefits" or "On January 20, I deposited $1,200 in wages from my employer." Be specific about dates and amounts. Attach copies of deposit slips, bank statements, or letters from the benefit provider if you have them.

Once you file the claim, the burden shifts to the creditor. They must prove that the money is not exempt. In most cases, if you claim that money came from Social Security or another protected source, the creditor cannot overcome that claim. However, if you claim exemption for money you say came from wages, the creditor may challenge you, and you may need to provide pay stubs or other proof.

Wage garnishment limits in Texas

If a creditor is garnishing your wages directly from your employer (rather than through your bank account), Texas follows federal limits. The creditor can take no more than 25 percent of your disposable income for the week, or the amount by which your weekly income exceeds 30 times the federal minimum wage, whichever is less. Disposable income means what is left after legally required deductions like taxes and Social Security.

For example, if you earn $500 per week and your disposable income after taxes is $400, a creditor can garnish up to $100 (25 percent of $400). If you earn $300 per week, and 30 times the federal minimum wage is $219, the creditor can garnish only $81 ($300 minus $219). The lower amount applies.

Child support and alimony have higher limits—up to 50 percent of disposable income if you are supporting another family, or 60 percent if you are not. Tax debt and student loans also have different rules. But for most consumer debts, the 25 percent rule applies.

What to do if your account is frozen

First, contact your bank immediately and ask for a copy of the writ of garnishment and the notice they sent you. Make sure you understand the deadline to file a claim of exemption. If you have already missed the deadline, ask the bank if there is any way to extend it or if the creditor will agree to release the funds.

Second, gather documentation of any protected funds in your account. Collect bank statements, deposit slips, letters from Social Security or your benefit provider, and pay stubs. Write down the dates and amounts of each deposit you can remember. This documentation will support your claim of exemption.

Third, file your claim of exemption before the deadline. If you cannot afford a lawyer, contact your local legal aid office or bar association to see if they offer free or low-cost help. Filing the claim yourself is possible, but getting it right matters—a mistake could cost you the money.

If the creditor is also garnishing your wages, ask your employer for a copy of the wage garnishment order. Make sure the amount being taken does not exceed the legal limit. If it does, you can file a motion with the court to reduce the garnishment.

Frequently Asked Questions

Can a creditor garnish my account without telling me first?

Yes. The creditor must notify the court and your bank, but they do not have to notify you directly. Your bank is required to send you a notice, but if you miss it or do not check your mail, you may not know until you try to use your debit card. Check your account regularly if you are being sued, and contact your bank if you suspect a writ has been served.

What if I need money from my frozen account to pay rent or buy food?

You can file an emergency motion with the court asking for a release of funds for necessary living expenses. The court may order your bank to release some money if you can show hardship. You must file this motion quickly, before the garnishment period ends. A lawyer or legal aid office can help you file it.

Can Social Security be garnished if it is in my checking account?

No. Social Security deposits are protected from garnishment under federal law, even if they sit in your checking account. Your bank is required to identify and protect these deposits when a writ is served. If your bank releases Social Security money, you can file a claim and the court will order it returned.

How long does a garnishment stay on my account?

The writ typically remains in effect for 180 days unless the creditor renews it. If the creditor has not collected the full judgment amount by then, they can file a new writ. Once the judgment is paid in full or the statute of limitations expires (usually four years in Texas for most debts), the garnishment stops.

Can I stop a garnishment by paying the creditor?

Yes. If you pay the full judgment amount, the creditor must release the garnishment. You can negotiate a payment plan with the creditor, and they may agree to stop the garnishment if you make regular payments. Get any agreement in writing and have the creditor file a notice of satisfaction with the court.