Under Texas TDCA, can a collector garnish wages without a court judgment?

• A. Yes, collectors may garnish wages without court action in certain situations.
• B. Generally no; wage garnishment requires a court judgment or statutory process, not routine collection actions.
• C. Wage garnishment is allowed for any past-due debt.
• D. Garnishment is decided by the debtor's employer.

Answer: (B)

Wage garnishment for a consumer debt in Texas generally requires a court process. A collector cannot legally seize someone’s wages simply through routine collection actions; they must either obtain a judgment in court and then get a writ of garnishment, or rely on a separate statutory process for specific types of debts. This provides due process—the debtor is notified and has a chance to respond, and the court oversees how much can be withheld.

So, the reason this answer is correct is that the TDCA does not grant collectors the power to garnish wages without a court order. After a judgment, the collection process can proceed through garnishment, with limits and protections in place. There are other, non-TDCA scenarios (like child support or certain government debts) where different statutory processes apply, but those are distinct from routine TDCA-based debt collection.