Calari Legal
Texas Bank Account Frozen by a Writ of Garnishment: What You Can Do
A creditor with a court judgment can ask a Texas court for a writ of garnishment, which orders your bank to freeze funds. Some money is protected by law, and you can ask the court to release it, but you need to act quickly.
Funds that may be exempt
- Qualified retirement accounts such as 401(k)s and IRAs (Tex. Prop. Code § 42.0021).
- Current wages for personal services (§ 42.001(b)(1)). Texas generally doesn't allow wage garnishment except for child support, spousal maintenance, certain taxes, and student loans (Tex. Const. art. XVI, § 28). Wages that have already been deposited may be disputed.
- Child support and spousal support payments you receive (§ 42.001(b)(3)).
- Social Security and VA benefits, which are protected by federal law (42 U.S.C. § 407; 38 U.S.C. § 5301). Under 31 C.F.R. Part 212, banks must automatically protect up to two months of directly deposited federal benefits.
How garnishment works
Garnishment is governed by Texas Rules of Civil Procedure 657–679. The debtor must be served with a copy of the writ and a notice explaining their rights (Rule 663a). The debtor can file a sworn motion asking the court to dissolve or modify the writ, and the court must generally hear the motion within 10 days after it is filed (Rule 664a).
Step by step
Read the writ and notice
Identify the court, cause number, creditor, and the creditor's attorney.
Trace your money
Use bank statements to show where frozen funds came from (wages, benefits, retirement, support).
Prepare a sworn motion to dissolve or modify
Explain which funds are exempt and why, and attach supporting records.
File and serve
File in the court that issued the writ and serve the creditor's attorney.
Attend the hearing
Bring your statements and benefit letters. Only the court decides what is exempt.
Frequently asked questions
Can a creditor take my Social Security?
Social Security benefits are generally protected from private creditors by federal law, and banks must protect two months of directly deposited benefits. Exceptions exist for certain government debts.
How long do I have to act?
Act as soon as you learn of the freeze. Rule 664a provides for a prompt hearing, and funds may be paid to the creditor if no one challenges the writ.
Related guides
- How to File for Divorce in Texas Without a Lawyer
- How to Waive Texas Court Filing Fees Under TRCP Rule 145
- Find your Texas county
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Last reviewed 2026-10-27. Laws change. Confirm current rules with the court clerk or an attorney.