Wage Garnishment is allowed under California law in certain circumstances when a debtor fails to pay his or her financial obligations. When a debtor does not voluntarily pay the money he or she owes a creditor, the creditor may be able to seek to garnish the debtor’s wages. Part of the debtor’s wages or salary would be sent to the creditor in order to satisfy the debt. In some situations, other money in the debtor’s possession may be garnished, but wage garnishment is the most common recourse of this kind. For a creditor to garnish a debtor’s wages, they must first sue the debtor and win in court, at which point garnishment would be allowed. The IRS and other tax authorities, however, do not need to go to court first to garnish a debtor’s wages or salary.
The most important thing you can do when your wages are being garnished is to talk to an attorney about your legal options. Our law firm represents debtors throughout Irvine in legal matters involving wage garnishment, and we can help you.
In discussing the current financial situation you are in and all facts related to your wage garnishment, we can determine how to best approach your case in order to stop garnishment. Bankruptcy may be an option, as filing for bankruptcy will place an automatic stay on all debt collection efforts against you (including wage garnishment). At the very least, filing a bankruptcy petition will offer you a little breathing room until you figure out a more permanent solution.