Can a creditor garnish my wages?

In California, creditor garnishment of wages is usually permissible if a court has ruled that a debtor owes a certain amount to the creditor. This type of debt collection is known as a “wage garnishment.” A creditor can garnish your wages if they have obtained a court order instructing your employer to deduct a certain amount of money from your paycheck and send it to the creditor. The California Consumer Debt Defense Law (CCDDL) provides some protection to consumers against certain types of garnishment. CCDDL protects workers from having their wages garnished for debts such as consumer debts, medical debts, and credit card debts. It does not protect workers from having their wages garnished for taxes or court-ordered child support payments. Under CCDDL, creditors are required to provide notice and information to debtors prior to garnishing their wages. This information includes, among other things, the amount of the debt, the name and address of the creditor, and the debtor’s rights under the law. If a creditor has obtained a court order for wage garnishment, the CCDDL limits the amount of wages that can be garnished to no more than 25% of the debtor’s net wages. It also limits how often a creditor can garnish a debtor’s wages. If a debtor believes that their wages are being unlawfully garnished, they should contact an attorney right away. An attorney can explain the consumer’s rights and help them fight the garnishment order.

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Can a creditor garnish my wages?

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