If you have outstanding debts owed to creditors, financial institutions,
government agencies, and even private parties like an individual lender, then a
wage garnishment could be placed on your paychecks. In short, a wage garnishment allows
the owed party to syphon a percentage of your hard-earned money directly
out of each paycheck you receive. Usually the most a paycheck can be garnished is 25%.
While wage garnishments are sometimes toted as an easy way to automatically
repay debts, the truth is they often throw people even further into debt.
If you cannot make ends meet and cannot afford the bare necessities, you
may be able to put an end to wage garnishments to help you escape debts,
old and new.
Three methods to stop wage garnishments you may be able to utilize include:
Checking the legality: Some wage garnishments will be based on invalid or incorrect information,
rendering the garnishment illegal. This is somewhat rare, though, since
a court must review wage garnishment petitions and approve them. You should
work with a
debt relief attorney to review your wage garnishments and look for any that might be invalid.
Claiming exemptions: California allows people in debt to file claims of exemption to stop wage
garnishment in certain situations. The filer must be able to prove that
they are unable to afford basic necessities, do not spend their money
on any luxuries or entertainment items, and have attempted to rectify
the situation through other means, such as additional employment. While this
might reduce the amount being garnished out of each paycheck, it does nothing
to get rid of the debt, which will continue to accrue interest and follow
Filing for bankruptcy: Merely the act of filing for
Chapter 7 or
Chapter 13 bankruptcy will cause the
automatic stay to go into effect. This places an immediate stop on all collection activity
of all of your creditors. The automatic stay halts any collections against
you and prohibits any future attempts to try to collect. When your bankruptcy
concludes, the automatic stay will be lifted, but, if yor bankruptcy was
handled properly, your bankruptcy will have eliminated the debts that
called for the wage garnishments. The automatic stay is so powerful it
even stops the IRS.
Want to know more about wage garnishments and how to stop them in California?
You can call
888.845.9190 to speak with a San Diego bankruptcy attorney and debt relief lawyer from
San Diego Legal Pros. We have more than 10 years of total legal experience
to inquiring clients.