Are you looking for a wage garnishment lawyer in McKinney, TX?
At Leinart Law Firm, we welcome you to schedule a consultation with a McKinney wage garnishment lawyer today.
If your employer has received an order to withhold part of your pay, or a creditor has frozen your bank account, you may have grounds to challenge the order or stop it through bankruptcy. Our McKinney, TX wage garnishment lawyer can review the order, identify the debt behind it, and explain the options available to you.
Leinart Law Firm has represented debtors facing garnishment for more than 15 years. Its attorneys focus solely on bankruptcy and debt relief. Contact our office to arrange a review of your situation.
Wage Garnishment Lawyer McKinney, TX
Wage garnishment is a legal process that requires an employer to withhold part of an employee’s earnings and send it to a creditor or government agency. A wage garnishment attorney reviews whether the garnishment is permitted for the type of debt involved, whether it was properly ordered, and whether bankruptcy or another form of relief would stop it. Bank account garnishments that follow a court judgment can also be addressed by a wage garnishment attorney in McKinney.
In McKinney, 71.5% of residents age 16 and older were in the civilian labor force during 2020 through 2024. For a working household, a garnishment directly reduces the income available for rent, a mortgage, and other necessities.
Types of Wage Garnishment Cases We Handle in McKinney
Texas law limits the kinds of debt that can lead to wage garnishment, so the source of the order matters. Some garnishments are valid and can be stopped only through bankruptcy, while others may be challenged directly. Our McKinney wage garnishment attorney handles the matters below.
- Child support withholding orders. Court-ordered child support and spousal maintenance can be withheld from wages in Texas. These obligations are not discharged in bankruptcy and continue to be collected during a case. Past-due support can be repaid through a Chapter 13 plan while ongoing support payments continue.
- Federal student loan garnishments. The federal government can garnish wages for defaulted federal student loans without first filing a lawsuit. Rehabilitation, consolidation, or a challenge to the garnishment may be available.
- Tax levies on wages. The IRS can levy wages for unpaid federal taxes. A payment arrangement or a bankruptcy filing may stop or reduce the levy. Older income taxes may be dischargeable in some cases.
- Bank account garnishments. A creditor that obtains a judgment can seek to garnish funds held in a bank account. Some deposits may be protected from that process, and Social Security benefits generally receive additional protection.
- Improper garnishments. Texas protects most wages from garnishment by ordinary consumer creditors. A withholding order based on a credit card or medical debt should be reviewed and challenged.
- Credit card debt. A card issuer that wins a lawsuit may pursue the consumer’s bank account. Defending the lawsuit or filing bankruptcy can prevent that result. The firm defends collection lawsuits as part of its debt relief work.
- Chapter 7 bankruptcy. Filing Chapter 7 stops most garnishments and levies through the automatic stay. The underlying debt is often discharged.
- Chapter 13 bankruptcy cases. A Chapter 13 plan can stop a garnishment and repay certain debts, such as priority taxes, over several years. The filer’s wages are no longer withheld for that debt while the plan proceeds.
- Debt relief. Negotiating with the creditor may resolve the debt before a judgment is entered. A settlement can prevent a future bank account garnishment. The firm handles that negotiation directly.
- Foreclosure. Reduced take-home pay can make it difficult to pay the mortgage on time. Stopping the garnishment may help the household avoid missing mortgage payments. The firm also represents homeowners facing foreclosure.
Why Choose Leinart Law Firm as My Wage Garnishment Lawyer in McKinney, TX?
Representing Debtors Facing Garnishment
Leinart Law Firm assesses each client’s finances, explains the garnishment options, and helps clients challenge garnishment orders or pursue debt relief. Marcus Leinart founded the firm in 2005 and has been licensed in Texas since 1995. He is admitted to the Eastern District bankruptcy court, which hears cases from Collin County, and he holds a B.B.A. from Texas Christian University. Throughout his legal career, he has helped consumers regain financial stability, and he is a member of the NACBA. The firm’s attorneys have more than 90 years of combined experience.
When a garnishment can be stopped only by filing bankruptcy, the household needs advice from a bankruptcy lawyer in McKinney, TX on which chapter applies. Marcus works closely with each client to explain the options, including the protection Texas law provides for wages and certain benefits.
Results Reported by Volume
The firm describes its results by the number of clients it has served. Marcus Leinart has filed thousands of bankruptcy cases, and his clients have been able to:
- Halt lawsuits and wage garnishments
- Prevent bank account freezes
- Stop creditor harassment and collection efforts
- Discharge overwhelming unsecured debt
What Is Important To Understand About Wage Garnishment Cases?
Which Debts Can Lead to Wage Garnishment in Texas
Texas protects most wages from garnishment by ordinary creditors. A few types of debt are exceptions, and each follows its own process.
- Child support and spousal maintenance: Withholding is ordered by a court and paid through the employer.
- Federal student loans: The government may use administrative wage garnishment after a loan defaults.
- Federal taxes: The IRS may issue a wage levy after notice to the taxpayer.
- Consumer debts: Credit card, medical, and personal loan creditors generally cannot garnish wages in Texas, but they may seek to garnish a bank account after obtaining a judgment.
- Exempt funds: Certain deposits, including some government benefits, may be protected even in a bank account. Federal garnishment protections can apply to these funds after they are deposited.
The type of debt determines which response is available. A support order is handled differently than a tax levy or a judgment creditor’s bank garnishment.
What Are Important Aspects of a Wage Garnishment Case?
Several facts determine whether a garnishment can be stopped or reduced. The points below are reviewed with each client.
- The type of debt and the agency or creditor seeking payment
- Whether the creditor obtained a judgment or other required order
- The source of the funds in any garnished bank account
- The household’s income and whether it qualifies for Chapter 7
- Other debts that may also be resolved through bankruptcy or settlement
A McKinney wage garnishment lawyer can compare the order with the debt records. Errors in the order, or funds that are exempt, can support a challenge.
What Is the Wage Garnishment Case Timeline?
The process depends on the type of debt, but most garnishments follow this general sequence.
- Default on the debt and collection notices
- A lawsuit and judgment for consumer debts, or an administrative notice for taxes and student loans
- An order or writ served on the employer or bank
- Withholding from wages or a freeze on the bank account
- A challenge to the garnishment, a negotiated resolution, or a bankruptcy filing
The garnishment process differs for each type of debt, so the order itself should be reviewed first. A bankruptcy petition filed at any point stops most garnishments through the automatic stay. Support withholding is the main exception.
What Should You Bring to Your Wage Garnishment Consultation?
The garnishment papers and your financial records show where the debt stands. Please bring the following.
- The garnishment order, writ, or levy notice
- Recent pay stubs showing the amounts withheld
- Bank statements, if an account has been frozen
- Any lawsuit papers or judgment related to the debt
- A list of other debts and monthly expenses
- Any letters from the IRS or the Department of Education
With those documents, the attorney can identify the source of the garnishment and explain how to respond. If bankruptcy is the best option, the attorney can explain which chapter would apply.
Eastern District of Texas Bankruptcy Court and Local Resources
If bankruptcy is needed to stop a garnishment, a McKinney case is filed in the Eastern District of Texas and handled through the court’s Plano location.
Other resources for McKinney residents include:
- The Texas Attorney General’s child support division, which administers wage withholding for support orders
- The CFPB’s debt collection resources, which explain consumer rights when a collector contacts you
- Legal Aid of NorthWest Texas, which provides free legal help to eligible Collin County residents
Reach Out to Leinart Law Firm to Schedule a Consultation
A garnishment continues with each paycheck until it is resolved. Our McKinney wage garnishment lawyer can review the order and explain whether it can be challenged or stopped through bankruptcy, and what each option would require. The first consultation with Leinart Law Firm is free, and you may bring the garnishment papers to that meeting. Contact us to schedule a meeting with an attorney.