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Wage Garnishment

San Diego Wage Garnishment Lawyer

Forms of Garnishment

Wage garnishment can occur in any situation where you have overdue outstanding debts. A creditor simply files a lawsuit against you, which is in most cases easy for them to win as you legally owe them money which has not been paid. When this is complete they can request wage garnishment and once approved, money can be taken from your wages before it ever reaches you in order to satisfy the debt.

This not only applies to personal loans and credit cards, but debts relating to such things as:

  • Unpaid rent
  • Small claims matters
  • Personal injury judgments

Not only are your wages at risk, but so are the balances of your bank accounts. Even your tax returns may be applied to an outstanding loan rather than being delivered to you. The government may also impose wage garnishment for unpaid taxes. Garnishments can cause complicated issues for you beyond the financial problems you were already experiencing. You can suddenly find yourself with a much lower income each week, with no prediction or control over your personal finances. If you have had a garnishment imposed, or even if you have outstanding debts which lay you open to this possibility, consult with a San Diego bankruptcy attorney right away.

Call (888) 875-9190 today to request your free case review

Wage Garnishment Laws in California

Wage garnishment is a legal process through which a creditor can collect money directly from your paycheck to satisfy a debt. In California, there are specific laws in place to protect individuals from excessive wage garnishment, ensuring they have enough income to cover their basic living expenses. Understanding these laws is crucial, especially if you're facing financial difficulties and considering bankruptcy.

Maximum Percentage of Wages Garnished

In California, the maximum amount of your wages that can be garnished depends on various factors, including the type of debt you owe. Generally, creditors cannot garnish more than 25% of your disposable earnings or the amount by which your disposable earnings exceed 40 times the state minimum wage, whichever is less. This means that a portion of your income is protected from garnishment to ensure you can still afford essential living expenses.

Child and Spousal Support

One exception to the wage garnishment limits in California is for child and spousal support payments. If you owe past-due support, the court can order your employer to withhold a higher percentage of your wages for these payments. However, even in these cases, there are limits to how much can be garnished to ensure you have enough income to support yourself.
Seeking Legal Assistance

If you're facing wage garnishment or considering bankruptcy in California, it's essential to seek legal guidance from a knowledgeable bankruptcy lawyer. They can help you understand your rights, explore your options for debt relief, and navigate the legal process to protect your income and assets. With the right support, you can take steps towards financial stability and a brighter future.

Understanding Your Rights in Wage Garnishment Cases

Dealing with wage garnishment can be a stressful and overwhelming experience. It's important to understand your rights and options when facing this situation. Our team of experienced wage garnishment lawyers in San Diego can help you navigate through the legal process and protect your rights.

Some key points to consider when dealing with wage garnishment:

  • Understanding the types of income that can be garnished
  • Knowing your rights under federal and state laws
  • Exploring options for stopping or reducing wage garnishment
  • Seeking legal assistance to challenge the garnishment

Don't let wage garnishment take a toll on your financial well-being. Contact San Diego Legal Pros today to schedule a consultation and learn how we can help you put an end to wage garnishment.

Putting an End to Wage Garnishment – Call (888) 875-9190

At San Diego Legal Pros, we empathize with what you are going through and will do all we can to improve your situation. Our firm has over a decade of experience helping clients through wage garnishment matters and we provide the supportive and personalized assistance that you need. It is important that we are brought on to help you as soon as possible, as steps may be taken to prevent a garnishment. We can review your financial details and determine the best strategy for debt recovery given your circumstances and financial goals. This may include debt settlement, debt consolidation, or other options. If garnishments have already begun, a bankruptcy may be a viable option. Once you file for bankruptcy, garnishments must immediately cease and you can concentrate on building a brighter financial future.

Contact a San Diego wage garnishment lawyer if you have overdue debts or have had a garnishment action implemented against you. 

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