Palmdale Wage Garnishment Lawyers
When someone prevails in a lawsuit and is awarded damages, one option they have for enforcing the judgment is wage garnishment. The basics of the process are that the judgment holder notifies your employer about the debt, instructing designated amounts to be withheld from your paycheck. It can be embarrassing to get your employer involved with your financial matters, but wage garnishment will also reduce your income. You can prevent this action right away through bankruptcy, if it is the right fit for your situation.
There are strict laws on how much employers can take to satisfy a judgment, but wage garnishment is still something to avoid whenever possible. Bankruptcy enables you to cease any efforts to take your earnings. To learn more about the different types of bankruptcy that help protect your income, please contact Wadhwani & Shanfeld. We can set up a consultation with a Palmdale wage garnishment lawyer who will provide details. Plus, a summary is informative.
Basics of California Wage Garnishment Laws
Realizing how financially devastating it can be to have your income withheld because of a judgment, California lawmakers set limitations on wage garnishment. The maximum that can be taken from your paycheck is either:
- 25 percent of your weekly disposable earnings; OR,
- 50 percent of the amount that your disposable income exceeds the minimum wage times 40.
Your disposable income is your take-home pay after deductions for income and employment taxes. For reference purposes, the minimum wage in Palmdale for 2023 is set at the rate for Los Angeles County, which is $16.90.
Avoid Wage Garnishment Through Bankruptcy
You can stop wage garnishment immediately by filing for bankruptcy, because the laws impose an automatic stay on creditor efforts. The party with a judgment against you must cease all wage garnishment actions. Your options for bankruptcy may include:
- Chapter 7, in which you discharge the underlying debt that the judgment represents; or,
- A Chapter 13 debt restricting plan to pay back creditors according to a monthly amount you can afford.
Note that you cannot discharge the underlying debt for a wage garnishment if it is for child support, alimony, or taxes.
Guidance with the Legal Process
Our first priority at Wadhwani & Shanfeld will be to consult with you to determine whether bankruptcy is a good fit and which type is most appropriate. Time is of the essence to file for Chapter 7 or Chapter 13 and get the automatic stay into effect. Our Southern California wage garnishment lawyers will also support you through the bankruptcy process, either to discharge the underlying debt or minimize it through debt repayment.
Get Legal Help from a Palmdale Wage Garnishment Lawyer
If a judgment has been entered against you, it is critical that you act quickly to avoid losing your earnings through wage garnishment. Our Southern California wage garnishment lawyers at Wadhwani & Shanfeld are ready to assist with bankruptcy options right away, as timing is crucial for these matters. Please contact us today to schedule a consultation to learn more.
