Riverside Wage Garnishment Attorneys
Helping Clients Take Control of Debt Is Our Top-Priority
Our highly-respected legal team at The Kostopoulos Bankruptcy Law takes great pride in providing effective representation and insightful counsel to individuals across Riverside who are struggling with debt and facing wage garnishment. Sometimes called an “attachment,” wage garnishment is a court order that instructs your employer to take money from your paycheck in order to pay back a creditor or debt collector for a past-due debt.
Our compassionate legal professionals know firsthand that snowballing debt from unpaid bills can cause incredible amounts of stress, which is why we are here to assist if you are in the midst of severe financial hardship. Reach out to our firm today so we can address your concerns and find viable solutions that can turn a bad situation around for the better.
Call (951) 899-2100 to request a free case evaluation with one of our wage garnishment lawyers today.
Using Bankruptcy to Stop Wage Garnishment
One possible way to halt wage garnishment is to file for bankruptcy. By declaring bankruptcy, you can benefit from the automatic stay that the court will issue. The automatic stay orders creditors and debt collectors attempting to collect a debt (including wage garnishment) to cease their efforts while you go through the bankruptcy process.
After you file for bankruptcy, your attorney can inform your employer and the garnishing creditor that they need to stop the garnishment. If the wage garnishment continues, it violates the terms of the automatic stay. Speak to our Riverside wage garnishment team today so we can review your financial situation and explain if bankruptcy is a viable option to evade wage garnishment.
How Much of My Wages Can Be Garnished?
When it comes to wage garnishment, there are stronger protections under California law than federal law.
In California, debt collectors and creditors can only garnish the following amounts from your paycheck (whichever of the two is less):
- Up to 25% of your disposable income
- 40 times the state’s minimum wage minus your weekly disposable income
Under federal law, debt collectors and creditors can garnish the following amounts from your paycheck (whichever of the two is less):
- Up to 25% of your disposable income
- 30 times the federal minimum wage
Types of Wages That Can Be Garnished
Creditors and debt collectors must obtain a court judgment before garnishing your wages, except for overdue income tax debt, unpaid child support, and defaulted student loan debt. Although most types of income can be garnished, some types are exempt.
The following wages can be garnished by creditors and debt collectors:
- Regular wages from your workplace
- Bonuses
- Commissions
- Investment income
- Bank accounts
Creditors and debt collectors cannot garnish the following wages:
- Social Security benefits
- Workers’ compensation payments
- Unemployment benefits
- Retirement accounts
Talk to Our Legal Team Today If You Are Dealing with Wage Garnishment
Do you have more questions about filing for bankruptcy to stop wage garnishment? If so, reach out to The Kostopoulos Bankruptcy Law so we can put our skills and resources to work for you. We will gladly take the time to go over all of your concerns and help you determine if bankruptcy is the right path for you at this time.
Give us a call at (877) 969-7482 or fill out our convenient online form to set up a case consultation that fits your busy schedule.