Worried about wage garnishment in San Diego? We can help
A wage garnishment can put you in a financial bind. Losing part of your income can be a major blow to your finances, cause stress and anguish, and raise many questions: how much can they garnish you for? How do I stop a wage garnishment in San Diego?
Facing a wage garnishment can be worrying, but at S&B Legal we have wage garnishment lawyers available to advise you in the most efficient way to evaluate the best alternative: contesting the garnishment, negotiating a payment plan, or filing for bankruptcy.
For what debts can my wages be garnished?
As in the rest of California, the debts for which a wage garnishment can be applied in San Diego are:
- Overdue consumer debts (loans, credit cards, rent, or medical bills)
- Child support debts
- Tax debts with the Internal Revenue Service (IRS), overdue consumer debts
But, watch out! When it comes to federal student loans or taxes, or for child support, a court decision will not be necessary to proceed with the wage garnishment.
Wage Garnishment and Income Withholding for Employers
The process for wage garnishment consists of a series of steps. “Wage garnishment” begins with a court decision, which authorizes the debtor’s employer to begin withholding part of what they pay you monthly, for which a series of forms are sent to them, such as the income withholding form for employers.
The debtor’s rights must be preserved in the process of wage garnishment, for this reason, he or she must be notified of the measure and must receive a copy of the court’s enforcement order.
How much can my wages be seized in San Diego?
In the state of California, the percentage of wages seized is usually less than 25%. Federal laws establish that garnishments can never be more than 25% of the disposable income (the amount left after mandatory deductions by law) of the person who owes the debt.
By legal provision and as of September 1, 2023, in the state of California, the maximum amounts for garnishment are as follows:
- 20% of disposable income for the workweek
- 50% of disposable weekly income if it exceeds almost 50 times the state minimum hourly wage.
What else can they seize from me besides my salary?
Having debt generates many concerns, including the fear of losing, in addition to salary, assets. And there are certain doubts that can put the debtor in a very vulnerable situation.
What can be seized if I’m in debt? If, for example, you owe the IRS, you risk losing part of your salary, a certain amount of money from your bank accounts, and even your assets (real estate and vehicles).
Under what circumstances can your wages not be seized?
If you are thinking about “when can your wages not be seized,” you should know that the amount of your income could be a lifeline in the face of this distressing measure.
If the debtor’s monthly income is less than the minimum wage, or the debtor is a pensioner or receives some disability benefit, their wages will be protected from seizure.
Watch out for this! The Courts of California that neither your Social Security benefits nor the money you spend on essential expenses (food, clothing, or household goods) can be seized.
How can I stop wage garnishment in California?
There is an alternative to immediately stop wage garnishment in California: filing for bankruptcy.
This has a collateral benefit, and that is that by filing for bankruptcy your other creditors will also not be able to continue collecting from you or take any action against you. To have a clearer picture of the option that best suits your case, it is ideal to consult with a bankruptcy attorney.
Other legal paths you can take with the intention of stopping a wage garnishment are requesting an exemption and arguing that you need the money for basic expenses.
Whatever option you take to stop the garnishment, seek advice from wage garnishment attorneys in San Diego, California. Do not try to fight on your own, because the result may not be what you expected! An experienced specialist will enforce your rights as a debtor, review valid exemptions, represent you in court, attempt a negotiation or payment plan with the creditor, or advise you if bankruptcy is the best step to free yourself from debt.
Contact S&B Legal if Your Wages Have Been Garnished in San Diego
No matter how complicated the legal matters are, such as facing wage garnishment, having S&B Legal on your side will ensure that your interests are protected.
We have garnishment attorneys who have extensive experience in the field and will work to defend your rights by proposing the best options for you: contestation, negotiation of a payment plan, or exemption.
Don’t worry about a wage garnishment anymore! Request a free case evaluation now or call us at 760-302-4652. We will be happy to review your case and help you.
