We can help you connect with experienced lawyers that defend you against a wage garnishment. Creditors may have an unfair advantage over consumers but there are ways to fight back. If you did not receive prior notice of the default judgment, credit defense attorneys can attack default judgments. Get in touch with our office today to see how we can help.
Can a Creditor Garnish My Wages in California?
If you have defaulted on a credit card or another type of loan, you are at risk of having your wages garnished. This can happen when the creditor goes to court to obtain a default judgment. The court will issue an order instructing your employer to withhold a portion of your wages and send it directly to the creditor until the full amount is paid.
In California, there is a limit on the portion of your wages that can be garnished. Creditors can only take 20 percent of your earnings (after deductions) or the amount by which your weekly earnings exceed 40 times the hourly minimum wage, whichever is less. While this sounds confusing, you may see hundreds of dollars taken from your paycheck, depending on how much you earn each week.
This is why you need experienced defense lawyers on your side. If your wages are already being garnished and you did not receive proper notice, they can go to court to stop the garnishment, help you seek to have the garnishment reduced, or convince the judge to terminate the garnishment. The sooner you contact us, the sooner we can connect you to the right attorney and protect your paycheck.
Â
Can My Wages Be Garnished If I Default on My Student Loan?
If you are in default on a private student loan and a judgment is entered against you, up to 20 percent of your wages can be garnished. However, you must be lawfully served with a summons and complaint. We can help you stop the garnishment if you were not served properly.
The new cap is 20% of disposable earnings (previously 25%).
- The alternative calculation still applies: disposable earnings must exceed 40 times the local or state minimum wage (whichever is higher), but now the maximum garnishable amount is the lesser of either 20% or the difference above that 40-times threshold.
How to Stop a Wage Garnishment in California?
The best way to defend a wage garnishment is to work with our experienced credit defense attorneys. If you were not given notice of the lawsuit, defense lawyers can set aside the judgment to stop the wage garnishment. Â They can also help you file a Claim of Exemption with the court and then there will be a hearing. If they can prove to the court that the garnishment will cause you financial hardship, such as a foreclosure or an eviction, the judge may agree to reduce or possibly eliminate the garnishment.
Vacate Default Judgment Service
Vacating the default judgment will stop your wage garnishment. Collectors often use the wrong address or lie to the court about giving you notice of a lawsuit. This is exactly the type of problem that our network of experienced lawyers can fix.
If you are in this situation, Vacate Default Judgment Service can protect your rights by reversing liens, wage garnishments, and bank levies. You must act quickly because the law limits the amount of time you have to fight a default judgment! Once the judgment is vacated, a settlement can be arranged with your creditor or defend against the collection lawsuit.
Vacate Judgment Service can also help fight a notice of renewal of judgment, but the court papers must be filed within 30 days of receiving the notice. If successful, the judgment will expire and amount owed will be eliminated.