Wage Garnishment Lawyers in Riverside

Talented Legal Representation on Your Side

If you fail to pay your debts, then creditors and government agencies can garnish your wages and force your employer to deduct a specific amount from your paycheck until the debt is paid off. Many types of debt can result in wage garnishments, such as credit card debt, medical bill debt, lease defaults, tax debt, and student loan debt.

Wage garnishment can have serious consequences and often makes paying back your loans even more difficult in the long-term. If you are facing issues associated with losing your wages before they even appear in your bank account, then you need to reach out to our talented legal team at The Turoci Bankruptcy Firm so we can advise you on possible solutions for avoiding wage garnishment.

We are prepared to safeguard your hard-earned wages, so please give us a call today at 951-784-1678 to set up your free case consultation with our firm.

What Effect Does a Wage Garnishment Have?

Although wage garnishment results in a large part of your income going directly to paying back your creditors, it actually does nothing to decrease the initial amount owed. Wage garnishment also won’t do anything to eliminate high rates of interest.

Some of the disadvantages of wage garnishment include:

• Increased Possibilities of Losing Your Job: Your employer makes the actual deductions from your paychecks when your wages are garnished. Since this is a major burden for your employer, many employers resort to terminating employees with garnishment orders to avoid dealing with the whole ordeal.
• Lower Credit Score: Wage garnishment will also reflect negatively onto your credit score since credit reporting agencies can see if you have debt defaults.

How Much of My Paycheck Can Be Garnished?

Creditors cannot garnish your full paycheck. Wage garnishment laws limit the amount to 25% of your disposable earnings, or 50% of the amount your disposable income exceeds 40x the CA state minimum wage - whichever of the two is lower. Different types of debts have a cap on how much of a person’s disposable income can be garnished.

These laws exist to protect debtors to help ensure that it does not leave an individual in financial ruin. However, even with a wage garnishment in place, you may still be struggling financially to even pay your bills every month. If you find yourself in this situation, talk to a bankruptcy attorney to explore your options.

What Types of Income Cannot Be Garnished?

If you are facing wage garnishment, then it is important to remember that there are limits to the order and what can or cannot be garnished.

The following income are exempt from wage garnishment, meaning creditors cannot obtain these funds in the court order:

• Social Security and Disability payments
• Veterans Benefits
• Unemployment wages (except for child support debt)
• Medicare
• Retirement accounts
• Child support and alimony income

To learn more about what type of accounts and income are safe from garnishment, talk to an attorney for guidance.

What Are My Rights If My Wages Are Being Garnished?

As a debtor, you should be aware of your rights when facing a wage garnishment matter.

• Different types of debts have a cap on how much of a person’s disposable income can be garnished.
• Creditors first need to obtain a court order before they can start garnishing your wages.
• Creditors must provide notice that your wages are being garnished.
• You cannot be fired because of wage garnishment for a single debt.
• Debtors have the right to dispute a wage garnishment with the court and present arguments for why they need more of their wages or why they qualify for an exception.

How Bankruptcy Can Help Stop Wage Garnishment

One of the most advantageous methods of stopping wage garnishment is by filing for bankruptcy. As soon as you file for bankruptcy, an automatic stay is put into effect which put a temporary stop to all debt collection actions, including wage garnishment. This begins the moment you file your case., and continuing with garnishment is a violation of the automatic stay. After filing your case, your creditors and employer will be notified of the bankruptcy filing so that they can put a stop to the paycheck deductions.

If you need help protecting your rights and fighting back against a wage garnishment order, then please don’t hesitate to contact our Riverside attorneys for assistance.

The faster you file for bankruptcy, the more likely you can keep your hard-earned income. So give us a call today at 951-784-1678 or contact us online to request a free case consultation.