Legal Question in Credit and Debt Law in Texas
Wage Garnishment
I had a payday loan that I took on the internet with a company that is not based in Texas. In order to get the loan they made me sign a piece of paper saying that if I defaulted that they would garnish my wages. I defaulted and tried to work out payment arrangements with them but they would not cooperate. Now they are threatening me telling me they are going to my employer and having my wages garnished. Can they do this without a court order? I thought that Texas was a non-garnishment state so would that agreement I signed be valid here?
1 Answer from Attorneys
Re: Wage Garnishment
Texas protects current wages against involuntary garnishment; i.e. a judgment creditor can't garnishee your wages (save for taxes, child support, or student loans). But it also sounds as if you agreed to let them take a portion of your wages, so the law may not give you that automatic protection.
I suggest you try and speak with a labor lawyer about that. They may have some suggestions as to how the problem may be handled.