Which option describes the typical Texas wage garnishment process?

• A. Obtain a court judgment, issue a writ of garnishment, serve the employer, withhold funds, and apply exemptions where allowed
• B. Issue a tentative order and hope for settlement
• C. Garnish directly from the debtor's bank account without court involvement
• D. Garnishments can be started after bankruptcy is filed

Answer: (B)

In Texas, wage garnishment follows a court-backed sequence. A creditor must first obtain a judgment on the debt. After that, the creditor can get a writ of garnishment and have it served on the debtor’s employer. The employer then withholds a portion of the debtor’s wages and sends those funds to the creditor, with allowable exemptions reducing how much can be taken. This process stays within the court system and involves the employer directly, rather than taking money straight from a bank account. It’s also important to note that bankruptcy creates an automatic stay, which generally stops wage garnishments while the bankruptcy case is active, so garnishments can’t start or continue during that time.