Wage Garnishment Attorney: Should You Hire in California?
If your paycheck suddenly appears to be lighter than it should be, you’re probably wondering what’s going on. Chances are:
😓 A part of your wages are taken to pay off debts and
😓 You don’t know what to do next.
How do I know?
It is because I know how frustrating and overwhelming wage garnishment can be. It’s like someone else has power over your hard-earned money.
And in California, where rules governing wage garnishments are specific and sometimes complex, it can be easy to feel lost.
But don’t despair — there is a way forward. Tax debts, credit card debt, and amounts due for child support are just some of the areas where you might have choices, and knowing that is the first step to finding your way out of the situation.
Still with me? Good! If this sounds at all familiar to you, you’ll want to pay attention.
In this blog, we will discuss:
👉 What wage garnishment is and how it works in the state of California.
👉 When it makes sense to hire an attorney.
👉 What to do instead of hiring a lawyer.
👉 And what you can do to keep your income secure.
Let’s get started!
What is Wage Garnishment?
Wage Garnishment is when someone you owe money to will literally come to your workplace and take some of your pay cheque before you get it.
It is not optional — you do not have the right to opt-out. Your boss is required to mail in part of your pay to wipe out a bill.
Here’s why it happens:
Unpaid taxes:
IRS or state taxes are other quickly-enforced debts and can garnish your wages at little to no notice. Garnishments for tax debts were a bit more complex since they don’t necessarily involve a court order.
Credit card debt:
If you’re behind on payments, creditors can sue you, get a court judgment and garnish your wages.
Child support or alimony:
These debts have priority, plus wider-ranging garnishment rules.
California law has specific limits designed to protect you.
Creditors can only take, for instance, up to 25% of your disposable income or the portion above 40 times the minimum wage (or whichever is lower).
But here’s the thing: if it’s for unpaid taxes or child support, the rules sometimes allow a higher amount to be garnished.
That’s where professional tax resolution companies like Remedy Tax Solutions come in to help you.
They’re accustomed to handling tax issues, liaising with the IRS, and understanding how to apply for programs that reduce garnishments or even eliminate them altogether.
What can you do? If you have wage garnishment, you may:
- Challenge the garnishment order if you feel it’s incorrect or excessive.
California laws allow certain types of claims to escape this requirement. So, say your income is barely meeting your needs, then you may be eligible for being excused.
- Find help — a wage garnishing attorney or wage garnishing defense attorney — particularly if it’s starting to look like this isn’t something you can handle without assistance.
Wage garnishment isn’t a laughing matter, but you don’t need to go through it alone. The trick is to know your options and take action decisively to protect your income.
Now that you understand what wage garnishment is focus on how the process works in the state of California.
How Does Wage Garnishment Work in California?
To understand the process of wage garnishment in California, let us do it step by step.
You should know the process so you know what to do if you find yourself in this position.
Here’s what usually happens:
Court Order is Issued:
First, a creditor (say, a credit card company) petitions a court. They must get an order to garnish your wages.
For debt due to the IRS or for child support, they don’t even need a court order. These are exceptions that they can move quicker on.”
Employer is Notified:
Once the court orders the garnishment, they will issue the order to your employer.
Your employer must comply with this order. It will take money directly out of your paycheck before you even see it.”
You Will Lose A Portion Of Your PayCheck:
California limits what can be taken by law.
That translates into a maximum of 25 percent of your disposable income (after-tax income) or the amount above 40 times the state’s minimum wage, whichever is lower.
What rights do you have?
You can challenge the garnishment if you think it is unjust or illegal.
For example, if they are overcharging them or they did not follow due process, you can take them up!
California law allows for exemptions that you might qualify for.
If you can prove your income is just enough to cover rent and food, you could stop or reduce the garnishment.
Creditors, such as the IRS, must follow legal procedures, which means you have the legal right to request proof of what they allege you owe.
What should you do next? If you’re facing wage garnishment, you have to act fast.”
You can:
- Ask your employer: They’re paying the money and can tell you exactly how much and why.
- Get professional help: A California wage garnishment attorney can also examine your case, explain your alternatives, and determine your rights.
- Filing exemptions: You can handle this on your own, but it’s definitely a bit of a trick. If pertinent, ask someone who knows the process.
Wage garnishment can feel intimidating, but the automaker is in the driver’s seat after you know how it operates.
But first, let’s discuss the wisdom of your hiring a lawyer.
Why You Should Hire a Wage Garnishment Attorney?
So, if you’re dealing with wage garnishment, you may be thinking, “Do I really need an attorney?”
Let’s break it down so you can get a better sense of whether it’s the option for you.
This is what a wage garnishment attorney can do for you:
Stop or Reduce Garnishment:
An attorney is able to negotiate with creditors to minimize the amount being collected or cancel the garnishment altogether.
This is especially important if you’re being garnished above what the law allows.
File Exemptions:
If your income almost only covers rent or food, you might be entitled to an exemption under California law.
An attorney can handle this process and ensure that the documents are properly signed while preventing you from making dangerous mistakes.
Represent You in Court:
If the creditors fail to abide by the legal procedures, or if their claim to the debt is contested, then an attorney can fight for you in court to protect your rights.
There is another course of action for IRS garnishments, though.
If your garnishment was started by the IRS, you don’t always need a regular lawyer.
That’s where tax resolution experts, such as Remedy Tax Solutions, come in — we work on your behalf and negotiate with the IRS.
They specialize in:
- Detecting mistakes in IRS levies.
Discussing tax relief programs — like the IRS Fresh Start Initiative — that reduce or eliminate garnishments.
- Dealing with all communication with the IRS, so you won’t have to.
This is usually better for tax-related cases and can save you a lot of time and stress from trying to work your way through IRS procedures on your own.
When is it time to seek professional help?
You may require legal or tax expertise if:
- The garnishment order is wrong, and they’re taking too much.
- There are several creditors or it is a case against the IRS.
- You’re inundated with the process and require a signaler.
If you are looking to get rid of IRS garnishment, instead of getting an attorney, consider utilizing a tax resolution company like Remedy Tax Solutions.
They understand the ins and outs of IRS negotiations and are able to guide you to relief.
So, let’s review the pros and cons of the professional approach to help you decide if it’s the way to go.
Wage Garnishment Attorney: Pros and Cons
Let’s discuss if it makes sense for you to hire a wage garnishment attorney.
Choosing whether to upgrade is not a decision to make lightly, so here’s the good and the not-so-good to help you determine if it’s right for you.
Benefits of Getting a Wage Garnishment Lawyer
They are fully versed in the laws.
What are the rules for wage garnishment in California? An attorney can help determine precisely what creditors can take and whether they’re doing so legally.
They help you save time and stress.
Instead of deciphering complicated legal forms, an attorney does it all — filing exemptions and negotiating with a person’s secured creditor.
You have better opportunities to stop or reduce garnishment.
For attorneys, this is blood in the water. They can represent you in court and even find errors in the garnishment order.
Disadvantages of Hiring a Wage Garnishment Attorney
It costs money.
It may cost a large business fortune in attorney fees. If you’re already struggling financially, this can feel like another hardship.
Success isn’t something guaranteed.
Even a top attorney can’t necessarily prevent a garnishment from happening. It varies with the nature of your case and the debt.
Not every case requires legal assistance.
If the garnishment is small or not complicated, you may be able to handle it on your own with some research and work.
In Summary,
If the garnishment is large, seems unfair, or involves dense laws, paying for an attorney might be worth it.
Find a wage garnishment attorney local to you to get the help tailored to your case.
But if your case is small or you’re comfortable dealing with forms, you might want to try to manage it on your own.
This decision hinges on how much time, energy, and money you’re willing to commit.
Now, let’s explore what other alternatives you may have to combat garnishment.
Alternatives to Hiring a Wage Garnishment Attorney
If hiring an attorney seems daunting, or if you feel your situation doesn’t merit legal counsel, don’t sweat it: You have alternatives.
So, let’s take a look at them to see which one is right for you.
Repay on Time or Negotiate Directly with Creditors
Call the creditor and explain your financial situation.
If it has been a while since the debt collection agency contacted you, offer them a payment plan or a one-time lump sum to settle the debt.
Creditors prefer settlement to garnishment because it’s time and energy efficient for them.
If you already have a court order or if your garnishment involves taxes or child support, negotiation alone may not suffice.
File for Bankruptcy
Pros: Through an automatic “stay,” bankruptcy can immediately halt garnishments, allowing you to reconfigure your finances.
Cons: It ruins your credit score and may take years to repair.
Best for: Large debts you are unable to pay back or situations involving multiple creditors.
California Wage Garnishment Exemptions
California laws let you hold onto part of your income if garnishment will leave you unable to pay for basic bills.
File an exemption claim in the court. You’ll have to show that the garnishment is leaving you unable to afford essentials like rent or groceries.
The court can approve it and reduce or stop the garnishment entirely.
The process is confusing. If you’re not sure, speak with a wage garnishment defense attorney or look for trustworthy guides to walk you through filing correctly.
Work with Remedy Tax Solutions for IRS Garnishments
If your wages are being garnished by the IRS, a specialized option exists for tax resolution — professional tax resolution services such as Remedy Tax Solutions.
Remedy Tax Solutions works to solve IRS garnishments through negotiation with the IRS.
It can help you qualify for programs such as the IRS Fresh Start Initiative, which allows some taxpayers to have garnishments reduced or waived entirely.
On the other hand, general attorneys, by admitting they know about the IRS, will almost always stumble upon elementary planning.
Tax experts understand the IRS process and will act to stop garnishment as soon as possible.
If you owe the IRS tax money, Remedy Tax Solutions can alleviate the stress and time it takes to deal with unpaid taxes, potentially saving you legal fees by giving you tailored options.
Seek Non-Profit Financial Counseling
Non-profits can help you budget, negotiate with creditors, and manage your debt more effectively.
Most of these services are free or low-cost.
Seek out local organizations or ask for recommendations from family and friends.
There are pros and cons to each.
Remedy Tax Solutions is a tax resolution company that offers an alternative to hiring an attorney in the event that you are dealing with the IRS.
For some other types of debts, negotiating directly, using exemptions, or seeking financial counseling may be all that you need.
Let’s talk next about when it’s time to hire professional help.
When Should You Definitely Hire a Wage Garnishment Attorney?
In some cases, though, managing wage garnishment alone isn’t sufficient.
So, what are the circumstances in which you need to hire an attorney?
These situations are not only stressful — they are complicated and can worsen if you do not act quickly.
Here’s when it’s time to hire an attorney:
When there is a mistake in the garnishment order.
If the amount garnished appears too high, or even if you don’t owe the debt, you need to hire an attorney. They can double-check the order and identify errors that could save you money.
The garnishment is unlawful.
Certain creditors, such as credit card companies, have to comply with a number of rules to get your wages garnished. If they didn’t follow proper procedures, or you weren’t given proper notice, an attorney can contest it in court.”
You’re working with different creditors.
Things get messy when more than one creditor wants to garnish your wages. An attorney can help sort through the chaos, prioritize the debts and work to find relief for you.
You’re in the middle of a legal battle.
If there’s a dispute about the debt — whether it’s valid or how much you owe — you require legal representation. This is not something that you want to go solo on.
Here’s a quick checklist to guide your decision:
- Is the order of garnishment inaccurate or ambiguous?
- Are creditors exceeding the law’s amount?
- Do you have several creditors invested in the process?
- Having trouble navigating or understanding the legal process?
If you can answer “yes” to any of the above, you should begin searching for a wage garnishment attorney near you.
They can ensure your rights are protected and walk you through the process.
Just remember, it’s best to intervene before it gets out of hand.
Conclusion
Wage garnishment isn’t something that is easy to deal with. It is stressful and complicated, and it can feel like a daily struggle to handle your finances.
If there are mistakes in the garnishment order, legal disputes, or complicated debts, hiring a lawyer can prove to be a smart decision.
They can assist with filing exemptions and negotiating with creditors, and they can even prevent garnishments in some cases.
But when the IRS is in the picture, the situation usually requires expert assistance.
That’s where Remedy Tax Solutions can come in. We help with IRS garnishments and tax relief programs and help you get control back of your paycheck.
Don’t let garnishment continue to take what’s yours. Call Remedy Tax Solutions today for a free consultation ,and let us work for you.