Understanding the Rules of Garnishing Paychecks

You work hard for your wages every day that you go into where you are employed and complete a full day’s worth of work. The government has the ability to take a portion from your pay check based on a specific set of circumstances so it is important to know if you are liable for this or not.

The government wants to ensure that individuals are protected from those entities that may try to overreach their positions but it also wants to ensure that no one can take advantage or avoid their financial responsibilities. This is why State and Federal laws are very clear about what is and is not allowed by agencies when they are trying to collect on debts that have not been paid. In the majority of cases the judge is the final authority on monetary judgments because they have the ability to review the case with the law and their experience supporting this position.

Texas state law only allows for wage garnishment when spouse or child support is not being paid through traditional methods or when ordered by the court. However, the Federal law provides that this action can be taken for IRS debts or student loans that are in arrears. Companies can be mandated to follow this course for individuals that are working for them which can end up becoming a financial issue if not expected or foreseen.

In order to ensure that you are getting everything from your paycheck that you should be it is necessary to know the Texas state and Federal laws for wage garnishment. If you have any reason to believe that your paycheck will be affected by the government with this action then you need to speak with an attorney that specializes in this area of the law. They can quickly evaluate your situation and advise whether the government has a case to be able to follow through with this action or not.

Debt collectors often use wage garnishment in Texas as a threat against individuals but rarely have the ability to back it up with the law. Those who have are facing this type of situation need to advise their attorney and see if they have the ability to counter sue against the creditor. A Writ of Garnishment is required by the state of Texas in order to legally follow through with this action so a company should always demand to have this on file before taking any type of action on an employee’s paycheck. Creditors will usually be unable to obtain this document but having legal representation ensures that you are well aware of the legal boundaries and have a defense if the need should arise. The best offense is to ensure that you are never in this position but unfortunately life has a way of changing without notice and you may find yourself short and in a tight situation.

Legal counsel is almost always your best course of action because the best attorneys are trained to know the law and its statutes and to protect their clients at all costs. So whether you need a family law, criminal, bankruptcy or civil lawyer it is important to get online and find the law firm that is going to defend your position and ensure that you are taken care of no matter what the government or other agencies may try to do.

If you are interested in knowing about debt collection laws in Texas, then the author of this article recommends Busby & Associates.

If you are looking for Houston bankruptcy lawyers, then the author of this article recommends Busby & Associates.