Many Southern Californians are just a paycheck or an unexpected bill away from financial hardship. The risk is even higher for those who live in Los Angeles where home prices, rents, cost of goods and services and gasoline prices are more expensive than the rest of the county.

When money is tight, it is easy to fall prey to creditors, who are eager to offer you high-interest credit cards, loans, and mortgages. However, these loans must be paid back, and even the most financially responsive person can find themselves under a mountain of debt—especially after a job loss or illness.

The lender can garnish your wages if you fail to pay back your debt. The creditor can sue you and can get a court order to require your employer to send you hard earned money to the sheriff, who then forwards it to the creditor—this is called a Wage Garnishment.

If you are struggling to repay your debts and are being threatened or having your wages garnished, you have legal options.

Our garnishment attorneys in Los Angeles have represented thousands of clients who have had their wages garnished or who face other serious financial challenges.

We can offer legal advice and help you understand your rights and options, which may include challenging the garnishment in court or filing for bankruptcy. Don’t wait—contact our garnishment lawyers for a free consultation.

Types of Wage Garnishments

Wage garnishment is common in the U.S. and many types of debt can be garnished from your wages. 

Judgment Garnishment

Wage garnishment can happen when a creditor sues you for nonpayment of a debt and wins in court. This is called a judgment garnishment. Types of debts that can be taken this way include:

• Past-due medical bills
• Credit card debts
• Car loans
• Payday loans
• Unpaid personal loans

Administrative Garnishment

In other cases, a creditor can garnish your wages without a court order. This is called an administrative garnishment. Some examples are:

• Federal student loans
• Child support
• Spousal support/alimony
• Unpaid/back taxes

How Bankruptcy Can End Wage Garnishment

Bankruptcy can protect you and your family by preventing creditors from harassing you and garnishing your wages. Certain types of bankruptcy can also stop repossession, foreclosure, and eviction proceedings. And, if you’re struggling to pay your bills because of wage garnishment, bankruptcy can bring relief by eliminating most of your debt.

Here are the different types of bankruptcy that can protect you and your family’s assets:

Chapter 7 – Under Chapter 7 bankruptcy, creditors must stop garnishments and other collection activities. In most cases, Chapter 7 bankruptcy allows you to keep all of your assets, including your car and house. However, certain types of debt, such as unpaid taxes, child support, and student loans, cannot be eliminated under a Chapter 7 filing. An experienced bankruptcy attorney can help you understand whether Chapter 7 is a good option for your situation.

Chapter 13 – Chapter 13 helps people protect their assets while allowing them to make an affordable monthly payment. Chapter 13 bankruptcy stops wage garnishments and even allows you to get money back that has already been garnished. An experienced bankruptcy attorney can help you understand whether Chapter 13 is a good option for your situation.

Do I Need an Attorney for Help with Wage Garnishment?

An experienced attorney may be able to help you prevent your wages from being garnished or help you find the best solution to regain your financial freedom, such as filing for bankruptcy.

Consider hiring or at least consulting with an attorney if:

• Your employer fired you or is threatening to terminate your employment. State and federal laws provide protections for employees whose wages are being garnished. If your employer is threatening to terminate you to avoid dealing with wage garnishment orders, it’s important to know that in most cases this is against the law. You have rights.
• You don’t actually owe the debt. This can be difficult to prove, whether you’ve already paid the debt, or you never actually owed it. That’s because the court or administrative agency has already determined that you’re legally obligated to pay, and it’s your word against theirs. An attorney for wage garnishment will help you gather supporting evidence and ensure the proper procedures are followed.
• The creditor is taking too much. In California, the creditor can take up to 25% of your wages or the amount by which your income exceeds 30 times the federal minimum hourly wage—whichever is less. If a creditor is taking more than this, contact a lawyer to help with garnishment.

These are just a few of the situations that warrant at least consulting with an attorney. Your first consultation is free, so it’s worth making the call.