The Fullman Firm can help defend you against a wage garnishment. Creditors may have an unfair advantage over consumers but we know how to fight back. If you did not receive prior notice of the default judgment, our credit defense attorneys are highly experienced in attacking 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 debt is paid.
In California, there is a limit on the portion of your wages that can be garnished. Creditors can only take 25 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 Fullman Firm on your side. If your wages are already being garnished and you did not receive proper notice, we 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 our debt relief attorneys, the sooner we can protect your paycheck.
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 25 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.
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, we can set aside the judgment to stop the wage garnishment. We can also help you file a Claim of Exemption with the court and then there will be a hearing. If we 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. Debt 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 the Fullman Firm can fix.
If you are in this situation, our 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, we can then arrange a debt settlement with your creditor or defend against the debt collection lawsuit.
Our 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 we are successful, the judgment will expire and the debt will be eliminated.
In Legal Trouble Because of Debt? Contact the Fullman Firm
If you are facing a default judgment or wage garnishment, our legal team will fight for your rights. We have over 40 years of combined experience defending consumers and have saved millions of dollars for our clients. Because we are concerned about your financial challenges, we offer flat fees and affordable payment plans. Don’t delay. Contact our office today for a free consultation.