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Claim of Exemption Wage Garnishment

If your wages are being garnished filing Bankruptcy will stop the garnishment. You may also make a claim of exemption to terminate wage garnishment. If you need all of your income for the support of your family and you, then your garnishment can be reduced. Schedule a FREE PHONE CONSULTATION or FREE OFFICE CONSULTATION and find out if you garnishment can be reduced or eliminated through bankruptcy. 1-877-963-9543

You can file notice of claim of exemptions to reduce or terminate the garnishment of your wages. The amount of your wages that can be garnished is limited to the amount not necessary for the support of your family and you. There are exceptions to claiming an exemption though. See C.C.P. §706.051(c) You must file a financial statement with your notice to claim exemptions proving what your expenses are.

You can make your claim of exemption by filing the claim of exemption with the levying officer and a financial statement proving your income and expenses in an attempt to prove how much of your income is necessary for your family and your support, and therefore not available to be garnished. The creditor trying to garnish your wages can oppose your claim of the exemption though. If the creditor timely opposes the exemption then a hearing will be held to determine who is right and what amount can be garnished. See C.C.P. §706.105

California state law regulates the garnishment of wages with federal law setting some minimum standards each state must 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.

The highest amount of your wages that can be garnishment is governed by United States Code Title 15 §1673(a). A judgment creditor may garnish you up to 25% of your net income each pay period. If you can prove that all of your net income is necessary to support your family and you then can reduce or eliminate the garnishment of your wages. If you have received notice of the earnings withholding order from your payroll department or employer you must take action as soon as possible. There is only a limited amount to time to stop or reduce the amount that can be garnished.

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