If you’ve been sued by a debt collector in California, you are at risk of having your wages garnished. Wage garnishment occurs when a court issues an order that requires your employer to withhold a specific amount of your paycheck and send it directly to a debt collector until your debt is paid off.
Luckily, with the help of a California wage garnishment attorney, you can fight back against unjust wage garnishments. Below are some ways to fight wage garnishment in California.
Contact the Creditor
If you are at risk of wage garnishment in California, you should contact the creditor to try to work something out. If the creditor is open to establishing a payment plan, you can avoid having your wages garnished.
File an Exemption
In California, you may be able to file an exemption to fight a wage garnishment. If successful, you may be able to stop the wage garnishment or reduce the amount being garnished. For an exemption to be successful, you must demonstrate to the court that the garnished money is needed to provide for your basic necessities. There are several steps you must take to file a wage garnishment exemption, so it’s highly recommended that you contact a California wage garnishment attorney for assistance.
Fight the Judgment
Finally, if your wage garnishment is the result of a default judgment, you can challenge the judgment in court. There are several valid reasons to fight a default judgment. In California, you can fight a default judgment if you’re able to demonstrate that you did not receive actual notice of the lawsuit. You may also challenge a judgment if you can prove that it was the result of a mistake, inadvertence, surprise, or excusable neglect. To vacate the judgment, you must file a motion in court. If the court vacates the judgment, it will stop the garnishment. However, keep in mind that even if the court vacates a default judgment against you, the creditor may choose to correct the initial mistake and refile the lawsuit.
Contact a California Wage Garnishment Attorney
If you are facing a wage garnishment in California, you need an experienced attorney on your side. At Fullman Firm, we have over 40 years of combined experience defending consumers against debt collectors. With the help of our experienced California wage garnishment attorneys, you can rest assured that you’ll receive the most effective defense possible in your California wage garnishment case. Please contact us today for a free consultation.
