Worried about wage garnishment in Los Angeles, California? We can help
Repeatedly missing a percentage of your weekly or monthly income can destabilize your finances. A wage garnishment can be an urgent circumstance because of the financial consequences it creates. What are the steps to take? Should you resign yourself to having your wages withheld or is there something else you can do?
At S&B Legal we understand how frustrating a wage garnishment is and we can offer several alternatives. We have bankruptcy attorneys available to advise you and successfully navigate these adverse circumstances.
What is a wage garnishment?
If you are hit with a “wage garnishment,” it means that a civil court decision has authorized your creditor to contact your employer and request that part of your wages or salary be withheld as payment for an outstanding debt.
Why can my wages be garnished in California? There are many reasons: overdue consumer debts (such as credit card debts), loans, rent or medical bills, overdue alimony, child support, public student loans, or IRS debts.
Following a court decision, the sheriff or collection officer will send the employer several forms, including an income withholding form for employers. This begins the process of withholding part of the debtor’s wages, which must legally occur in the first pay period following that notice.
You should also know that if you have federal student loan debts, tax debts, or child support debts, the creditor will not need to obtain a court order to garnish your wages.
How much can my wages be seized in California?
You are probably wondering, how much wages can be seized in California? The answer is that there are limits set by both federal and state laws.
As provided for by federal laws, the wage garnishment cannot exceed 25% of the debtor’s disposable income (the amount left after mandatory deductions by law).
Due to different calculations and the fact that the state minimum wage is considered in them, in the state of California the percentage of wages that is seized from a debtor by a prior decision is usually less than 25%.
As of September 1, 2023, by legal provision, in California, the maximum amount that can be seized from a debtor’s wages is:
- 20% of disposable income for the workweek
- 50% of disposable weekly income if it exceeds almost 50 times the state minimum hourly wage.
If you are a debtor and your wages were garnished, you can consult with wage garnishment lawyers in Los Angeles, California.
What can be seized from me for debts?
The biggest concern about having a debt is what you can lose if you can’t pay it. Aside from your wages, is there anything else that can be seized?
The answer is yes. For outstanding debts, for example, state agencies like the IRS can take both your wages and your real estate, vehicles, other types of property, and even a certain amount of money from your bank account.
However, you may have some relief, since the law establishes the protection of certain minimum amounts. Consult with your lawyer to find out what they are specifically.
When can my wages not be garnished?
If the question you are asking yourself right now is “When can my wages not be garnished?” the answer is that your income situation could save you from this distressing measure.
In the case of consumer debts, if the debtor receives a monthly income less than the minimum wage, receives retirement pay or a disability benefit, their wages cannot be garnished.
Other money that is protected by law, as contemplated by the California courts, is the money you need for essential expenses (food, clothing or basic household goods). Your Social Security benefits are also protected from garnishment.
How to stop a wage garnishment in California?
Declaring bankruptcy is an option to stop a wage garnishment in California. By declaring bankruptcy, an automatic suspension of the wage garnishment is immediately established.
In addition, the automatic stay will also prevent other creditors from continuing to collect your debts. When you file your bankruptcy petition, the court will notify each of them of the situation and they will not be able to take any action against you.
You may also be able to request an exemption from wage garnishment ten days after receiving the notice. With proper legal advice, you can present several arguments: that you do not owe that amount, that the debt was given to you incorrectly, that you need the money to cover basic expenses, or that the debt was discharged by bankruptcy.
For all of these cases, it is vital that you have the advice of wage garnishment lawyers in Los Angeles, California. An expert will help you understand your rights as a debtor, study valid exemptions, file objections with the court, negotiate a payment plan with the creditor, or determine if bankruptcy is the best step you can take.
Contact S&B Legal if Your Wages Have Been Garnished in Los Angeles, California
With S&B Legal by your side, you can rest assured that no matter how complicated the legal matters are, we will always have your best interests in mind.
Our experienced garnishment attorneys in Los Angeles, CA, know exactly what rights you are entitled to by law, so you don’t have to worry about anything when it comes time to make important decisions. Stop worrying about debts and wage garnishments! Request a free case evaluation or call us at (760) 302-4652. We’ll be happy to evaluate your situation.
