unable to pay credit card

[dadpups]

Out of money.

I live in TX where wages can't be garnished.

If I take a job in CA, I can be garnished, right?

Any advice on how to keep TX residency, and will this keep me under TX no garnish wages law?

Thanks for your help.

 

[Michael Wechsler]

How do you plan on maintaining a TX residency if you will live in CA? I can't imagine how unless you are commuting, a theoretical example at best. Even so, it's not so clear that an action for enforcement couldn't be maintained in CA because the employer is located in CA. It's a good question. I also don't know whether TX law makes it unlawful to garnish wages for TX judgments or just makes it unlawful to enforce in TX.

Note, you won't escape the debt so easily even if you remained in TX because your credit record will cause problems and liens can cause other damages. Some creditors are willing to work out payment plans and in doing so you would want a guarantee in writing that they will not garnish your wages. I'd bet that any stiplation would allow them to garnish your wages, without notice, without the need to go to court, in the event you default on your payments.

If the problem is truly severe then bankruptcy is also an option.

 

[dadpups]

Along the same lines

Michael,

Many thanks. Here is quote from TX code:

§ 63.004. Current Wages Exempt


Except as otherwise provided by state or federal law, current wages for personal service are not subject to garnishment. The garnishee shall be discharged from the garnishment as to any debt to the defendant for current wages.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.


Amended by Acts 1997, 75th Leg., ch. 466, § 1, eff. Sept. 1, 1997.


Does this mean just TX judgements or can't be enforced in TX?

Dadpups

 

[Michael Wechsler]

While you are posting a section of law, it might be helpful if you looked at and posted the entire section. I'll do it for you:

CHAPTER 63. GARNISHMENT

§ 63.001. Grounds
A writ of garnishment is available if:
(1) an original attachment has been issued;
(2) a plaintiff sues for a debt and makes an affidavit stating that:
(A) the debt is just, due, and unpaid;
(B) within the plaintiff's knowledge, the defendant does not possess property in Texas subject to execution sufficient to satisfy the debt; and
(C) the garnishment is not sought to injure the defendant or the garnishee; or
(3) a plaintiff has a valid, subsisting judgment and makes an affidavit stating that, within the plaintiff's knowledge, the defendant does not possess property in Texas subject to execution sufficient to satisfy the judgment.

§ 63.002. Who May Issue
The clerk of a district or county court or a justice of the peace may issue a writ of garnishment returnable to his court.

§ 63.003. Effect of Service
(a) After service of a writ of garnishment, the garnishee may not deliver any effects or pay any debt to the defendant. If the garnishee is a corporation or joint-stock company, the garnishee may not permit or recognize a sale or transfer of shares or an interest alleged to be owned by the defendant.
(b) A payment, delivery, sale, or transfer made in violation of Subsection (a) is void as to the amount of the debt, effects, shares, or interest necessary to satisfy the plaintiff's demand.

§ 63.004. Current Wages Exempt
Except as otherwise provided by state or federal law, current wages for personal service are not subject to garnishment. The garnishee shall be discharged from the garnishment as to any debt to the defendant for current wages.

 

[Michael Wechsler]

Taking a look at the full section of law, it would appear that wages are subject to garnishment in TX provided that a plaintiff can meet the requirements of Section 63.001, Grounds. The purpose of enacting grounds would seem to be to insure that a plaintiff doesn't simply go the route of revenge and sue for a small amount and then embarass the defendant with an immediate wage garnishment. The plaintiff must first obtain an original attachment and must make efforts to have the judgment satisfied first, if possible, out of other assets. If these are unavailable or unknown to the plaintiff to exist within the state of TX and the intent of garnishment is sought to recover and not merely to injure the defendant/garnishee, then a plaintiff can attach one's wages and garnish them.

The section you cited states that, other than as proscribed by law above, garnishment is prohibited.

 

[dadpups]

more...

at

"Dear Jen:

You didn't indicate what state you live in and each state has different laws concerning garnishment. In North Carolina, Texas, South Carolina and Pennsylvania,
wages may not be garnished to pay consumer debt. "

Is this not entirely true?

Thanks again,

dadpups

 

[Michael Wechsler]

You cited a section of the law and asked whether that section gives you authority for a statement you believe to be true. In pulling the entire section it appears that wages can be garnished -- except as limited by state or federal law, so that answered the initial question. The site which you refer makes a summary which is somewhat incomplete and fails to identify a source for the representation. My search revealed the following section, which makes an exemption for current wages for personal services as stated below. However, garnishment is only one remedy amongst others that a creditor has against a debtor. Best of luck to you.

42.001. Personal Property Exemption
(a) Personal property, as described in Section 42.002, is exempt from garnishment, attachment, execution, or other seizure if:
(1) the property is provided for a family and has an aggregate fair market value of not more than $ 60,000, exclusive of the amount of any liens, security interests, or other charges encumbering the property; or
(2) the property is owned by a single adult, who is not a member of a family, and has an aggregate fair market value of not more than $ 30,000, exclusive of the amount of any liens, security interests, or other charges encumbering the property.

(b) The following personal property is exempt from seizure and is not included in the aggregate limitations prescribed by Subsection (a):
(1) current wages for personal services, except for the enforcement of court-ordered child support payments;
(2) professionally prescribed health aids of a debtor or a dependent of a debtor; and
(3) alimony, support, or separate maintenance received or to be received by the debtor for the support of the debtor or a dependent of the debtor.
(c) This section does not prevent seizure by a secured creditor with a contractual landlord's lien or other security in the property to be seized.
(d) Unpaid commissions for personal services not to exceed 25 percent of the aggregate limitations prescribed by Subsection (a) are exempt from seizure and are included in the aggregate.

 

[dadpups]

many thanks!

I greatly appreciate your help! This is a great site - keep it going, even though I know its a ton of work.

I practice groundwater stuff, so if you need any free expert advice on who is responsible for the water pollution that has damaged you so severely, let me know!