Can a debt collector garnish my wages?

Yes, a debt collector can garnish your wages in California if you have consumer debt. According to the California Consumer Debt Defense Law, a creditor or debt collector can garnish, or take a portion of, your wages if they have obtained a court order due to an unpaid debt. This court order is called a Writ of Execution and it allows them to take up to 25% of your disposable earnings (up to 25% of any wages left over after taxes and other mandatory deductions). The creditor or debt collector must still follow certain requirements under the law. For example, they must serve you with official notice of the court order, provide you with a copy of the court order, and provide you with a specified amount of time to respond or contest the garnishment before moving forward. If you believe the garnishment is wrong or invalid, you can contact the court and explain your situation. The court may decide to decrease or even cancel the garnishment if they determine it is illegal or invalid. It is important to remember that wage garnishment is a serious legal action which can have a significant effect on your financial life. If you are concerned that you may be a target of wage garnishment due to an unpaid debt, it is best to contact a lawyer to discuss your options and protect your rights.

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Can a debt collector garnish my wages?

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