The first thing you must do if a creditor gets a wage garnishment judgment against you is to speak with San Diego Wage Garnishment Lawyers. Creditors and debt collectors can only garnish your wages after winning a court judgment against you.
Stop a garnishment by filing for bankruptcy or applying for tax hardship relief that allows you to pay less than what’s owed.
Bankruptcy
Creditors who obtain a judgment against an individual in California may garnish wages to collect on the debt. Garnishments are orders issued by the court that direct an employer of a debtor’s judge to withhold part of his or her paycheck and send it over to their county sheriff, who then hands it off as partial repayment to creditors as per court order.
For individuals who are struggling to make ends meet, this can be the straw that breaks the camel’s back. Fortunately, filing bankruptcy immediately stops wage garnishment by operation of law.
Whether you are facing a creditor’s attempts to garnish your wages or a bank levy, a San Diego bankruptcy attorney can help. A lawyer can review the facts of your case, determine if you have any exempt assets, and provide a thorough consultation on how bankruptcy would impact your situation. Call to schedule a free, no-obligation appointment. You will not have to pay any attorneys’ fees unless you win your case.
Taxes
Wage garnishment is a very aggressive collection method, often used by the IRS and Comptroller of California to collect unpaid taxes. It is important to work with a knowledgeable professional who can help you navigate the legal and financial long-term effects of wage garnishment.
Creditors must follow a specific procedure in order to pursue wage garnishment successfully. Once they obtain a court judgment against you, creditors will notify your employer to withhold part of each pay check for debt obligations; depending on what kind of obligations exist in relation to those debts there may be different rules regarding what can be deducted each time you pay your bill.
It is also important to note that certain types of income such as Social Security and SSI cannot be garnished at all. Your attorney may be able to help you prove that you are suffering from a hardship and qualify for Currently Not Collectible status. This will allow you to repay your tax debt over time.
Debt Settlement
Creditors must follow certain procedures to legally garnish an individual’s wages. They must notify the debtor’s employer and follow strict guidelines before they can take any money from a paycheck. The debtor can contest the court’s decision to garnish by proving that they need potential wages to pay their bills and support their family, a process called protesting a judgment.
Debt settlement companies work on the debtor’s behalf to negotiate with creditors for a lump sum payment that is less than what is owed. These firms may require that a client fund an escrow account from which they make monthly deposits to pay toward their debt settlement.
Wage garnishments are typically initiated by the IRS or the Comptroller of California to collect unpaid tax debts. The IRS and the Comptroller aggressively pursue unpaid tax debts and have extensive collection remedies available, including wage garnishment, bank levy, property seizures, and recording liens on an individual’s current and future assets.
Exemptions
Wage garnishment occurs when creditors seize money directly from your paycheck or bank account to settle debts owed them. Our San Diego bankruptcy lawyers can assist in getting back any monies taken by creditors that were improperly garnished from them, whether from wages or bank accounts.
Creditors looking to garnish your wages must first file suit and win judgment in their favor in court; creditors often pursue debt from credit cards, medical bills, personal loans and repossession deficiencies among other unsecured accounts.
Once a judgment is granted against you, creditors can garnish your wages or place levies against your bank accounts to cover their judgment debts. There may be exemptions available that allow individuals to avoid wage garnishment; one example being Social Security/SSI benefits aren’t subject to garnishment as they’re protected under federal law and by filing an affirmative defense with the sheriff’s office that performs wage garnishments you could claim exemption from wage garnishment proceedings.
