How To Stop Wage Garnishment in California

If wage garnishment makes it difficult to afford your essential living costs, you can request a Claim of Exemption from the court to either lower or eliminate the garnishment. This process demonstrates that the withheld amount jeopardizes your ability to meet essential needs.

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FAQs About Stopping Wage Garnishment in CA

Can You Stop Garnishment Once It Starts?
Yes, by filing a Claim of Exemption, negotiating with creditors, or filing for bankruptcy.
What Funds Are Exempt From Wage Garnishment?
Social Security, disability benefits, and public assistance are fully exempt.
How Much of My Wages Can Be Garnished?
For most debts, up to 25% of disposable income can be garnished. For child or spousal support, garnishment can reach 50%-60%.
What Happens if I File for Bankruptcy?
Bankruptcy imposes an automatic stay, immediately stopping wage garnishment.
How Long Does It Take to Stop Garnishment?
•Filing a Claim of Exemption: 10-30 days.

•Bankruptcy: Immediate upon filing.
What Are the Common Mistakes to Avoid When Filing a Claim of Exemption?
Avoiding common errors when filing a Claim of Exemption ensures your request is not delayed or denied:


Incomplete Forms: Ensure all sections of WG-006 and WG-007/EJ-165 are filled out correctly.

Missing Supporting Documents: Include pay stubs, bills, and a detailed financial statement to substantiate your claim.

Late Filing: Submit your forms promptly to the levying officer, usually within 10 days of receiving the garnishment notice.

Failing to Prepare for Opposition: Be ready for a court hearing if the creditor disputes your claim.


Attention to detail and prompt action can significantly improve the likelihood of approval.
Can a Wage Garnishment Be Reinstated After Being Stopped?
Yes, wage garnishment can be reinstated if:





The Debt Remains Unpaid: If the original debt isn’t resolved after a temporary stoppage.



A New Judgment Is Secured: Creditors may file for a new judgment after correcting procedural errors or reapplying.



Bankruptcy Protection Ends: Once a Chapter 13 repayment plan is complete, creditors may resume garnishment for debts not fully discharged.

To prevent reinstatement, resolve the debt entirely or maintain compliance with bankruptcy repayment terms.

Can Personal Loans Be Included in Bankruptcy in California?

Yes, personal loans can be included in bankruptcy in California, and they are usually dischargeable. This includes personal loans from banks, credit unions, friends, family, or employers. Unsecured personal loans, which are loans not backed by collateral, are eligible for discharge in both Chapter 7 and Chapter 13 bankruptcies.

Filing bankruptcy in California involves understanding the types of debt dischargeable, assets and exemptions, eligibility criteria, credit impact, costs, legal procedures, and the role of a bankruptcy lawyer in guiding individuals through the process.

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What Are the Common Mistakes to Avoid When Filing for Bankruptcy in California?

When declaring bankruptcy in California, the margin for error is slim, and mistakes can derail your financial reset. Understanding and avoiding common ‘bankruptcy mistakes’ can mean the difference between relief and regret. Our guide maps out these pitfalls, offering you actionable steps to confidently maneuver through the process ahead.

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How to Avoid Paying a Civil Judgement on Your Credit Report in California

Struggling with a judgment on your public record could leave you wondering how to maneuver around its removal. In this clear-cut guide, we’ll unpack the specific steps for how to remove a judgment from public record in California, offering practical solutions to help you move forward. Ready to clear your name and restore your financial reputation? Let’s dive in.

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The Pros and Cons of Debt Settlement vs Bankruptcy in California

Are you a California resident drowning in debt? You’re not alone. In the Golden State, where the cost of living often outpaces income growth, many find themselves struggling with overwhelming financial obligations. Whether you’re in the bustling tech hub of San Francisco, the entertainment capital of Los Angeles, or anywhere in between, understanding your debt relief options is crucial.

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Top San Francisco Bankruptcy Lawyers for Financial Relief

Searching for San Francisco, California bankruptcy lawyers implies you need clear advice and reliable representation to manage overwhelming debt. Our guide dives into selecting a skilled attorney adept at handling Chapter 7 or Chapter 13 bankruptcy and securing your path to financial recovery. Avoiding fluff, we pinpoint crucial factors to look for in San Francisco bankruptcy lawyers and outline their role in your financial reset.

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