What is wage garnishment?

Wage garnishment is a type of consumer debt defense law in California. It is a legal procedure whereby a portion of an individual’s wages are withheld by their employer, in order to pay a debt that the individual owes. The law does not allow the employer to take more than 25% of disposable income, or the amount that is left after taxes and other deductions have been taken out of the paycheck. The creditor can petition the court to garnish wages and the court will decide how much is to be withheld. The garnishment process begins when the creditor takes court action. This includes filing paperwork with the court and serving it to the debtor. The court will then issue an order of garnishment, which must be served to the debtor’s employer. The employer is then responsible for deducting a certain portion of the employee’s wages and sending those funds to the creditor. The creditor can only receive funds collected through wage garnishment if they have a valid court order. In California, wage garnishment is used as a last resort for collection of unpaid debt. If a debtor does not pay off their debt, the creditor can take additional legal action, such as seizing assets or placing a lien on property, in order to collect the debt. The law also restricts employers from taking adverse actions against employees who have their wages garnished.

Related FAQs

What should I do if a creditor refuses to negotiate?
What is the Fair Debt Collection Practices Act?
How can I challenge an inaccurate credit report?
Can I be liable for a debt if my spouse passes away?
What happens if I don’t pay a debt in full?
Can a debt collector threaten to call the police?
Can I be sued for a debt after it is charged off?
Can a debt collector take money from my bank account?
Can a creditor report a debt after it is discharged in bankruptcy?
Can I dispute a debt in court?

What is wage garnishment?

Related FAQs

Related Blog Posts