FightBackStrong

FightBackStrong / Texas

STATE LAW GUIDE

Can They Freeze My Bank Account in Texas?

The Texas rule, with the statute it comes from.

You are not the only one. Hundreds of thousands of these get filed every year, mostly against ordinary people who hit a bad stretch. Life gets messy. None of it makes you a bad person. It just makes you human.

They file these by the thousand. You are doing this once. That gap is the only real advantage they have, and it closes the moment you know what they have to prove. Learn it, use it, fight back strong.

The short answer

Yes, after a judgment, and this is the gap in Texas's otherwise very strong protection. Your wages cannot be garnished. Your bank account can be reached.

Why the two are different

The Texas Constitution is categorical about pay: no current wages for personal service shall ever be subject to garnishment, except for court-ordered child support or spousal maintenance. See Tex. Const. art. XVI, sec. 28. Current wages are separately exempt by statute too, and are not counted against any dollar limit. See Tex. Prop. Code 42.001.

The protection attaches to current wages. Once your pay has been deposited and is sitting in an account, the analysis is no longer the simple one, and a judgment creditor can look there.

That is the single most important practical thing to understand about debt collection in Texas.

What is still exempt

Your home. A homestead is exempt from seizure for the claims of creditors, except for encumbrances properly fixed on it such as purchase money, taxes, and contracted-for improvements. See Tex. Prop. Code 41.001. Up to 10 acres urban, or 200 acres rural for a family and 100 for a single adult, with no dollar cap at all. See Tex. Prop. Code 41.002.

Personal property up to an aggregate $100,000 for a family or $50,000 for a single adult, exclusive of liens. See Tex. Prop. Code 42.001. The list covers home furnishings and family heirlooms, tools and equipment of a trade, wearing apparel, two firearms, athletic equipment, a motor vehicle for each licensed family member, and household pets. See Tex. Prop. Code 42.002.

Qualified savings plans, including retirement accounts, have their own additional exemption under the same chapter.

What this means in practice

A judgment creditor in Texas has fewer targets than in most states. The account is the obvious one, which is why:

Before a judgment, a written dispute does real work

If you dispute the accuracy of an item in writing, a third-party debt collector shall make a written record of it and shall cease collection efforts until an investigation determines the accurate amount of the debt, if any, and must respond in writing within 30 days. See Tex. Fin. Code 392.202.

That obligation is stronger than the federal equivalent, and a violation carries not less than $100 per violation plus attorney's fees. See Tex. Fin. Code 392.403.

If money has already been taken

Get a lawyer on it quickly. The debt collection chapter allows a consumer to sue for injunctive relief and actual damages with fees on success, see Tex. Fin. Code 392.403, and a violation is also a deceptive trade practice, see Tex. Fin. Code 392.404. Fee-shifting means representation is realistic even when money is tight.

In summary

Wages Never garnishable for consumer debt. Tex. Const. art. XVI, sec. 28
Bank account Reachable after a judgment. The real exposure
Home Exempt, no dollar cap. Tex. Prop. Code 41.001, 41.002
Personal property $100,000 family, $50,000 single. Tex. Prop. Code 42.001


Citations are read from the Texas Legislature's official statutes site and the Supreme Court of Texas rules, and recorded in the site's citation registry.