Wage Garnishment Attorney
Bankruptcy will stop wage garnishment and discharge your debts once and for all. If your payroll department has been served with an earnings withholding order it is only a matter of time before your wages will be garnished. Schedule a FREE PHONE CONSULTATION or FREE OFFICE CONSULTATION and with our garnishment attorney and find out if bankruptcy is right for you. 1-877-963-9543
Filing bankruptcy will stop the garnishment of your wages. As soon as your bankruptcy case is filed we will fax the notice of bankruptcy filing to your payroll department, the levying officer and the law firm that is enforcing the judgment. The levying officer is usually the sheriff in the county you work. If the bankruptcy is filed soon after your wages have been garnished then the garnished wages should be returned to you. The party garnishing you will normally file a notice of termination of the withholding order. Some levying officers, the civil division of the sheriff’s department in the county you work, will require a copy of the first page of the bankruptcy petition and schedule F listing the debt. Schedule F is the schedule in which general unsecured debts (dischargeable debts) are listed.
Once the order discharging your debt is entered by the court you will no longer have to worry about the lawsuit or the garnishment of your wages again. If you own real property a judgment lien could have been recorded against your property though. That is separate subject and must be looked into carefully.
Wage garnishment is the result of a judgment being obtained against you and the judgment then being enforced. Many collection agencies will threaten to garnish your wages, but they have to sue you and have a judgment entered against before they can garnish your wages. In California, the maximum amount that can be garnished is 25% of your net income. Yes, net income. So after the federal and state taxes are deducted, any other deductions like retirement account or healthcare, then deduct 25% and that is the maximum garnishment allowed each pay period until the judgment is satisfied in full.
Your employer should provide you with the information served upon them including information about how to claim exemptions to attempt to lower the amount that can be garnished from you earnings. See Claim of Exemption Wage Garnishment for more information.
Each individual state has different laws governing wage garnishment under the umbrella of federal laws setting certain minimum standards to follow. In California the primary laws are under California Code – Title 9: Enforcement of Judgments §§680.010 – 724.260. See California Wage Garnishment Laws for more detailed information.
With offices in Redwood City, San Francisco, San Jose, Fremont and Oakland we represent clients throughout the Bay Area including San Mateo County, Santa Clara County, Alameda County, Contra Costa County, Burlingame, Daly City, Foster City, Half Moon Bay, Millbrae, Pacifica, Redwood City, San Bruno, San Mateo, South San Francisco, Cupertino, Gilroy, Los Gatos, Milpitas, Mountain View, Palo Alto, Santa Clara, Sunnyvale, Concord, Danville, Martinez, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, Walnut Creek, Berkeley, Dublin, Hayward, Livermore, Pleasanton, San Leandro and Union City.