How Much Can Creditors Garnish from a Paycheck

The rules that govern wage garnishment in Sacramento, California can be complex and confusing. It is essential to understand these rules to protect your rights and ensure you are not being taken advantage of by creditors. At Liviakis Law Firm, our attorneys are skilled in navigating these laws and can provide the guidance and representation you need.

Understanding Wage Garnishment

Wage garnishment is a legal procedure where a portion of a person’s earnings is withheld by an employer for the payment of a debt. This is usually the last resort of a creditor to recover what is owed. It is important to note that not all creditors can garnish wages. They must first obtain a court order unless it’s for unpaid income taxes, court-ordered child support and arrears, or defaulted student loans.

California Wage Garnishment Laws

California follows the federal guidelines when it comes to wage garnishment, which typically limit the amount that can be garnished to 25% of the debtor’s disposable earnings or the amount by which a debtor’s weekly wages exceed 30 times the federal minimum wage, whichever is less. However, for some types of debts, creditors can take more.

Exceptions to the Rule

There are exceptions to the standard garnishment rules in California. For instance, for child support, up to 50% of your disposable earnings may be garnished if you’re supporting a spouse or a child not the subject of the order, and up to 60% if you’re not. An additional 5% may be taken if you’re more than 12 weeks in arrears.

The rules are also different for student loan defaults and tax debts. The U.S. Department of Education or any agency collecting for it can garnish up to 15% of your disposable income. Similarly, the Internal Revenue Service (IRS) can garnish your wages without a court order based on what is left after necessary living expenses.

How to Stop Wage Garnishment in California

There are ways to stop wage garnishment. You can negotiate with the creditor for a reduced payment plan, challenge the garnishment if you believe it’s in error or excessive, or file for bankruptcy. However, navigating these options can be complex and requires a deep understanding of the law. This is where we can help.

Get Legal Help

At Liviakis Law Firm, our attorneys have a thorough understanding of wage garnishment laws in California. We work diligently to ensure that our clients’ rights are protected and that they are treated fairly throughout the process. If you need a wage garnishment attorney, reach out for a free consultation. Contact us today at 916 459 2364 to learn how we can assist you.