Texas Claim of Exemption
Texas does not allow wage garnishment for consumer debt. File a claim of exemption to protect exempt funds like wages and benefits in a frozen bank account.
Introduction
A Texas claim of exemption is a form you file to tell a court that money a creditor is trying to take by garnishment is exempt, meaning the law protects it. Texas does not allow wage garnishment for consumer debts, so a creditor cannot take your paycheck for a credit card, medical, or loan judgment. Under the Texas Constitution, current wages for personal services are fully protected, and garnishment is allowed only for court-ordered items like child support, spousal maintenance, unpaid taxes, and federal student loans. But once your wages are deposited, a creditor can still freeze or levy your bank account, and that is where a claim of exemption matters. You use it to protect exempt funds in the account, including wages already paid, Social Security, and other benefits. DocDraft prepares a Texas claim of exemption from your details, and attorney review is available before you file.
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Key Things to Know
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A Texas claim of exemption is a filing that tells a court money a creditor is trying to take is exempt, meaning the law protects it. Because Texas bars wage garnishment for consumer debt, it is most often used to protect funds a creditor has frozen in a bank account.
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Texas does not allow wage garnishment for consumer debt. Under Article 16, Section 28 of the Texas Constitution, current wages for personal services are fully exempt, so a creditor cannot take your paycheck for a credit card, medical, or loan judgment.
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Only court-ordered items reach wages. Garnishment of wages is allowed only for obligations like child support, spousal maintenance, unpaid taxes, and federal student loans, not for ordinary consumer judgments.
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A bank account can still be reached. Once wages are deposited they are no longer treated as current wages, so a creditor may freeze or levy the account, and a claim of exemption is how you protect exempt funds sitting in it.
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Some income is exempt no matter the debt. Social Security, disability, veterans benefits, and many pensions and public benefits are protected, and a claim of exemption is how you free those funds if a bank has frozen them.
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Exemptions on frozen funds are not automatic. Because Texas has no routine wage-objection process for consumer debt, if a bank account is levied you must raise your exemptions in that proceeding, and money is held while the claim is decided, so act quickly.
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Filing puts the question before a judge. A claim of exemption asks the court to release the protected money, and the creditor must justify keeping any funds you say are exempt.
Key decisions before you file
Before you file a Claim of Exemption in Texas, a few decisions shape the document: which option to choose and what each one means. The Claim of Exemption guide walks through them.
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Texas Requirements for Claim of Exemption
Texas Filing Deadline and Office
File the Texas claim of exemption with the correct office, the court or the levying officer as Texas directs, within the state's window after the garnishment is served. Money is usually held until the claim is decided, so filing late can forfeit wages the law would otherwise protect.