Texas

This page is being prepared. Texas-specific information on debt-collection lawsuits, wage garnishment, bank-account restraints, exemptions, and statutes of limitation will be added here after attorney review. In the meantime, use the general courses and calculators, or request a consultation.

State laws and court rules change. The information below is general and was last reviewed on the date shown. Verify any deadline or rule with the official source cited, or consult an attorney licensed in Texas.

Debt-Collection Lawsuit Basics

TO BE POPULATED. Add: Texas Justice Court vs. County Court vs. District Court based on claim amount, the answer deadline (Texas generally requires a written Answer by the Monday following 20 days after service), and default-judgment consequences.

Sources

Add Tex. R. Civ. P. citation
Add Texas courts self-help resource URL

Wage Garnishment

TO BE POPULATED. Add: Texas's strong wage-garnishment prohibition (Texas generally prohibits wage garnishment for most consumer debts, with exceptions for child support, taxes, and student loans) and the limited circumstances where it applies.

Sources

Add Tex. Const. art. XVI, § 28 citation
Add Tex. Civ. Prac. & Rem. Code § 63.001

Bank-Account Restraints and Exempt Funds

TO BE POPULATED. Add: how a creditor may pursue a bank levy in Texas, which funds are exempt (Social Security, SSDI, VA, and Texas's broad property exemptions), and the process and deadlines to claim exemptions.

Sources

Add Tex. Prop. Code exemption citation
Add 31 C.F.R. § 212 (exempt benefits)

Statutes of Limitation

TO BE POPULATED. Add: Texas's limitation period for written contracts and credit-card debt (generally 4 years under Tex. Civ. Prac. & Rem. Code § 16.004), what restarts the clock, and how to raise the defense if sued on a time-barred debt.

Sources

Add Tex. Civ. Prac. & Rem. Code § 16.004 citation

Need help in Texas?

A consultation can help you understand how these rules apply to your situation.

Request a Consultation

General educational information. This is not legal advice and does not create an attorney-client relationship.

Attorney Amy Ginsburg is responsible for the content of this communication.

Information is general in nature and may not apply to your specific situation. Laws vary by state and change over time. Nothing on this platform should be used as a substitute for the advice of a competent attorney licensed in your jurisdiction.