Case Law
Texas Constitution Art. XVI: Defending Against Improper Creditor Writs
Appellate court confirms employer must reject out-of-state consumer garnishment writs served on Texas-domiciled employees.
A recurring risk for national employers is receiving out-of-state creditor garnishment writs for employees residing in Texas. Texas Constitution Article XVI, Section 28 categorically prohibits wage garnishment for ordinary debts. Global Pay routinely drafts and files verified jurisdictional objections on behalf of clients when invalid writs are served.
Employer Compliance Checklist:
- Verify whether current employees operate, reside, or have active writs in this jurisdiction.
- Audit HCM wage deduction caps to guarantee alignment with shifting disposable pay exemptions.
- Connect State Disbursement Units to the Federal e-IWO portal to eliminate 10-day postal mail lag.
Published by Global Pay Compliance Desk (Minneapolis)
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