Stop Wage Garnishment in California
When you’re already drowning in debt, wage garnishment can make it impossible to stay afloat. California wage garnishment laws permit your creditors to deduct cash directly from your earnings to pay back what you owe. Taking home a smaller paycheck can without warning make a tough financial situation impossible.
DebtStoppers can get that garnishment off your check! Call or text us today at 323-916-8660 to request a free debt analysis with one of our experienced California attorneys. Our qualified legal team has helped thousands stop garnishments, repossessions, and foreclosures, and we can help you too!
When Can a Creditor Garnish My Wages?
According to California law, most creditors won’t be able to garnish your wages without getting a court judgment against you. However, certain creditors are allowed by statute to bypass the judicial process and place a garnishment on your check without a court order.
If you owe any of the following types of debt, your creditor can garnish your wages without going to court:
- Student loan debt
- Court-ordered child support
- Unpaid income taxes.
Limits on Wage Garnishments in California
While federal law limits the percentage of your earnings that can be garnished, California has placed even stricter limits on how much a creditor can deduct. The maximum amount that can be taken from your check is the lesser of :
- 25% of your disposable income
- The amount your weekly disposable income exceeds 40 times the state minimum wage
Even with these protections in place, when your paycheck is already stretched too thin, losing any amount of income can make it impossible to pay for your living expenses. And you can forget about paying off your debts!
Stopping Wage Garnishment in California
If you want to stop wage garnishment in California, filing for bankruptcy can get it done fast. As soon as your attorney submits your petition, the court grants an automatic stay prohibiting creditors from garnishing your wages.
The automatic stay also orders your creditors to stop pursuing collection activities like:
They won’t even be allowed to call you!
On top of the protection offered by the automatic stay, bankruptcy provides comprehensive debt relief that will help you avoid future garnishments. If you choose to file Chapter 7 bankruptcy, you can wipe out unsecured debts like medical bills and credit card debt. Even though California laws permit an assigned trustee to sell some of your possessions to pay your debts, in our experience, our clients almost always keep everything they own.
If you go with Chapter 13 bankruptcy, you’ll pay about 10% of what you owe through a reasonable 3-to-5-year payment plan. Your debts will be consolidated into one affordable payment each month, and you’ll get to hold on to all of your belongings.
If your wages are being garnished, you have options. Bankruptcy will stop the garnishment, eliminate your debts, and give you a second chance at a better life. Call or text DebtStoppers today at 323-916-8660 to schedule a bankruptcy consultation with one of our skilled California lawyers.
Are you fed up with creditors taking cash from your hard-earned paycheck? Call or text DebtStoppers in Los Angeles today at 323-916-8660 to stop wage garnishment.