Can a debt collector garnish my wages without a court order?

In California, a debt collector is not allowed to garnish your wages without a court order. This means that if a debt collector wants to garnish your wages, they must first go to court and file a lawsuit against you. After they file the lawsuit, the court will issue a “garnishment order” that allows the debt collector to take a certain amount from your paycheck each month. In California, a debt collector can take up to 25% of your disposable earnings (the amount of your paycheck that is left over after deductions) or the amount by which your disposable earnings are greater than 30 times the minimum wage, whichever is less. Once the court has issued a garnishment order, your employer must follow it and deduct the specified amount from your paycheck and send it to the debt collector. When it comes to credit card debt, the laws in California are more protective of consumers than in other states. A debt collector in California is not allowed to garnish wages unless you have missed at least two payments on your credit card. In this case, the debt collector can take the legally allowed 25% of your disposable income without a court order. It is important to remember that debt collectors cannot threaten you with wage garnishment if they do not have a court order. You should also know that you do have certain rights when it comes to debt collection law in California, so if you feel like you are being treated unfairly you should contact an attorney.

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Can a debt collector garnish my wages without a court order?

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