Yes, a checking account can be garnished in Texas, but only through a court order
A creditor cannot straightforward take money from your checking account without going to court first. They must win a lawsuit against you, get a judgment from a judge, and then use that judgment to freeze and take funds from your account. This process is called garnishment, and it follows specific Texas rules about which accounts can be touched, how much can be taken, and what protections you have.
The key difference in Texas is that certain funds in your account are protected by law and cannot be garnished at all — even with a court order. Understanding which accounts are vulnerable and which are shielded is the difference between losing money and keeping it.
Key Takeaways
- A creditor needs a court judgment before they can garnish your checking account; they cannot do it on their own.
- Texas protects certain funds from garnishment, including Social Security, unemployment benefits, and disability payments, even after they are deposited into your account.
- A creditor must follow specific steps: sue you, win, get a judgment, and then send that judgment to your bank with a writ of garnishment.
- Your bank will freeze your account when they receive the writ, and you have a limited time to claim protected funds before the money is sent to the creditor.
- Wages from your job can also be garnished in Texas, but the amount is limited by federal law and cannot exceed 25 percent of your disposable income.
What happens after a creditor gets a judgment against you
Once a creditor wins a lawsuit and receives a judgment from a Texas court, they hold a legal document that says you owe them money. But that judgment alone does not let them take your money. They must take an additional step: they file a writ of garnishment with your bank.
When your bank receives the writ, they must freeze your account. The bank will hold the funds for a set period — usually 21 days in Texas — to give you time to respond. If you do nothing, the bank sends the money to the creditor. If you claim that some of the money is protected, you can file a response with the court explaining why.
Which funds in your checking account are protected from garnishment
Texas law shields certain types of money from garnishment, even if they are sitting in your checking account. The most important protected funds are Social Security benefits, Supplemental Security Income (SSI), unemployment insurance payments, and workers' compensation benefits. These remain protected as long as they can be traced or identified in your account.
Federal law also protects certain other payments: federal employee retirement benefits, military retirement pay, and veterans' benefits cannot be garnished for most debts. Texas also protects a portion of your wages — specifically, the amount you need to support yourself and your family cannot be taken, though the exact calculation depends on your household size and income.
The challenge is proving that the money in your account came from a protected source. If you receive Social Security on the first of the month and your account shows a deposit of $1,200 on that date, you can claim that money is protected. But if you mix protected money with other income, the bank may not be able to tell which is which, and you will need to file a claim with the court to protect it.
How much of your paycheck can be garnished
If a creditor is garnishing your wages directly from your employer rather than your bank account, Texas follows federal limits. The creditor can take no more than 25 percent of your disposable income — the money left after taxes and mandatory deductions. Alternatively, they can take the amount by which your weekly income exceeds 30 times the federal minimum wage, whichever is less.
For example, if you earn $600 per week after taxes, your disposable income is $600. Twenty-five percent of that is $150, so the creditor can garnish up to $150 per week. However, if your income is lower, the amount they can take may be smaller or zero.
Child support and spousal support garnishments follow different rules and can take a larger percentage of your income. Tax debts and federal student loans also have their own garnishment limits that may be higher than the standard 25 percent.
The steps a creditor must follow to garnish your account
A creditor cannot straightforward call your bank and demand your money. They must follow this sequence: First, they file a lawsuit against you in a Texas court. Second, they serve you with notice of the lawsuit — meaning you receive official papers telling you that you are being sued. Third, they win the case and the judge issues a judgment in their favor.
Fourth, the creditor prepares a writ of garnishment and files it with the court. Fifth, the court clerk sends the writ to your bank. Sixth, your bank freezes the account and notifies you that a garnishment has been filed. At this point, you have roughly 21 days to respond to the court if you believe the money is protected or if there is another reason the garnishment should not proceed.
If you do not respond, the bank will send the money to the creditor after the waiting period ends. If you do respond and claim protected funds, the court will hold a hearing to decide whether you are right.
What to do if your checking account has been garnished
The moment your bank notifies you of a garnishment, you should review the writ carefully. Check the creditor's name, the amount they are claiming, and the court case number. If you do not recognize the debt or believe the amount is wrong, you can file a response with the court within the important date — usually 21 days.
If your account contains protected funds, file a claim when ready. Write a letter to the court explaining which funds are protected and why — for example, "The $1,200 deposit on June 1st is my Social Security benefit" — and include documentation like bank statements and benefit letters. Send copies to both the court and the creditor's attorney.
If you cannot afford to lose the money because you need it to pay rent or buy food, you can also ask the court for a hearing to argue that the garnishment would cause you undue hardship. Texas courts can reduce or delay a garnishment in some cases, though this is not may provide.
Differences between bank garnishment and wage garnishment
Bank garnishment freezes money that is already in your account, while wage garnishment takes money directly from your paycheck before you receive it. Wage garnishment is often more effective for creditors because it is automatic and ongoing — they do not have to go back to court each time they want to collect.
However, wage garnishment has stricter limits. As mentioned, creditors can typically take no more than 25 percent of your disposable income. Bank garnishment has no percentage limit — a creditor can take all the money in your account, subject only to the protection of certain funds like Social Security.
If you are facing both types of garnishment, prioritize protecting your bank account first, since that money is more vulnerable. Then work with your employer to understand the wage garnishment and confirm that the creditor is following the 25 percent rule.
Frequently Asked Questions
Can a creditor garnish my account without telling me first?
No. The creditor must sue you and win a judgment, and you must be served with notice of the lawsuit. However, you may not realize you are being sued if you miss the court date or ignore the papers. Once the judgment is entered, the creditor can file a writ of garnishment, and your bank will freeze your account. You will receive notice from the bank, but by then the money is already frozen.
What if I have direct deposit of my paycheck into my checking account?
Your paycheck is subject to the same garnishment rules as any other money in your account. However, if your paycheck contains protected funds — for example, if you receive workers' compensation or unemployment benefits — those portions may be shielded. You will need to prove the source of the deposit to claim protection.
Can my bank account be garnished for medical debt or credit card debt?
Yes, if the creditor wins a lawsuit and obtains a judgment. Medical debt and credit card debt are unsecured debts, meaning the creditor does not have a claim to any specific asset. However, once they have a judgment, they can garnish your bank account just like any other creditor can.
How long does a judgment last in Texas?
A judgment in Texas lasts for 10 years and can be renewed for another 10 years. This means a creditor can attempt to garnish your account years after the original lawsuit, as long as the judgment is still valid. If you pay the debt or the judgment expires, the garnishment stops.
Can I stop a garnishment once it has started?
You can file a response with the court claiming that the funds are protected or that the garnishment causes undue hardship. You can also pay the judgment in full, which will stop the garnishment. Some people also explore bankruptcy, which triggers an automatic stay that halts garnishments, though this is a major decision with long-term consequences.