When you owe a debt that you cannot pay, your creditor can sue you. If your creditor wins a judgment against you they can have documents served on your employer to garnish your wages. So, how do you fight a wage garnishment in San Diego when California law states that a creditor can garnish up to 25% of your wages until your debt is paid in full? Two key factors are vital to fighting back against your wages being garnished.
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Fight Wage Garnishment In San Diego
The first key factor for fighting a wage garnishment is Timing. If you receive notice that a judgment has been entered against you and your creditor is seeking to garnish your wages, you need to act immediately to stop wage garnishment. It is possible to reach an agreement with the creditor before your employer is required to start garnishing your wages. For instance, my client had a judgment entered against her and her employer received notice of a wage garnishment by Citibank. She had no idea about the judgment until she received a phone call from her HR department letting her know they would be garnishing her wages. She called my office for a free debt consultation, and within an hour of retaining the Gamez Law Firm we had reached an agreement with her creditor to reduce the judgment amount by 25%, cease accrual of post-judgment interest and allow our client to pay the negotiated amount over a 6-month period in a payment plan. Our client was so relieved she didn’t have to face the embarrassment of her employer taking her wages to pay this judgment.
The second key factor in how to stop wage garnishment is to convince the Court that your wages are needed for the basic necessities of life. Here is a recent example of how I fought our client’s wage garnishment in San Diego. LBS Financial Credit Union sued my client, obtained a judgment and sought to garnish 25% of her wages, which would total $1200/month. We filed a claim of exemption arguing that the amount would present an undue hardship to my client. She needed that money for the basic necessities of life. At the hearing the court agreed with us and reduced the wage garnishment to $50/month. Immediately after that we were able to settle with LBS for a one time lump settlement of the balance claimed due.
How To Stop Wage Garnishment In San Diego
Having a lawyer to stop wage garnishment can be very beneficial to succeeding. To learn more about how to fight wage garnishment in San Diego, call me for a free consultation at 858-217-5051 or use our online contact form. I will go over wage garnishment laws with you and let you know your options to stop your wage garnishment. Visit our debt relief success stories page to hear about more examples of clients of ours that are now living a debt free life.
Daniel R. Gamez, an attorney focusing exclusively in debt relief, is licensed to practice in all state and federal courts in California and Texas. Mr. Gamez owns and operates the Gamez Law Firm in San Diego, CA. For more information, please contact Daniel Gamez at 858-217-5051, firstname.lastname@example.org or use our online contact form. Stay updated with the latest debt relief tips by following on Facebook and Twitter!