How to Stop Wage Garnishment Before Your Next Paycheck
Receiving a notice of garnishment feels like a financial emergency—and if you don’t address it promptly, it can quickly become one. If your paycheck is already stretched thin by rent or a mortgage, childcare, utilities, and other expenses, losing a chunk to garnishment puts you in an even worse situation. In California, you may be able to stop, reduce, or delay wage garnishment if you act promptly. The right fix for your situation depends largely on the type of debt you have, where the order came from, and when your employer processes payroll. In some cases, talking to a bankruptcy attorney in California may be your next best step.
At Ewaniszyk Law Firm, we help struggling individuals and families seek a fresh start with bankruptcy. There are several different bankruptcy solutions based on your needs and goals, and attorney Richard M. Ewaniszyk is prepared to help you evaluate your options, look over your finances, and make a plan for your future. Learn more about your options now by calling our bankruptcy law firm at 760-245-7310.
Find Out What Kind of Garnishment You’re Facing
First, you need to figure out which type of garnishment you’re facing. If you received a notice from your employer, look for documents called Earnings Withholding Order and Notice to Employee of Earnings Withholding Order. This form identifies the judgment creditor, case number, count claimed, levying officer, and date that the order was received. Your employer can also provide you with a Claim of Exemption (Form WG-006), which may be an avenue you explore.
Don’t Ignore the Notice You Received
People often panic when they receive garnishment paperwork, and while some people address it right away, others put it aside and hope that they are in a better state of mind to deal with it later. Unfortunately, this isn’t a time where you can wait. The longer you wait, the harder it is to reverse or decrease a garnishment.
Read the notice in full. It should include information on deadlines, your rights, and where to send exemption paperwork. Save everything you receive—if you ultimately reach out to a bankruptcy lawyer, you’ll need documentation of your debts and collection efforts.
File a Claim of Exemption Immediately
In California, one of the most important tools available to you is a Claim of Exemption. This form asks that wage garnishment be stopped because it would cause you hardship. This may be an option for you if the garnishment would leave you unable to pay necessities like rent, food, transportation, and childcare. You may have to provide financial information to prove that the garnishment would cause you harm.
After you file your exemption form, the levying officer sends a notice to the creditor, who has an opportunity to object to your request. If they do not oppose it, the exemption may be granted. If the creditor objects, the court sets a hearing and the judge determines the fate of the garnishment. This is why being thorough is so important. It’s not enough just to claim that garnishment would be hard for your family; you want proof in the form of numbers, budgets, and expenses.
Negotiate and Look Into Other Options
This is where talk of a bankruptcy attorney may start. Negotiating is one option available to you that you may want to look into first, though. Creditors may agree to pause or reduce garnishment if you enter a payment plan or settlement. However, you need to get these agreements in writing. Don’t count on a phone promise. Agreements must be in writing and explain when garnishment will stop, when the levying officer will be notified, and how much you have to pay.
If you reach out to a bankruptcy lawyer, wage garnishment may also stop once you file. The automatic stay stops creditors from continuing to attempt to collect on a debt. This isn’t the right choice for everyone and all situations, but it is worth considering if you find yourself falling further behind each month and struggling to juggle your debts.
Considering Bankruptcy? Reach Out to Our Victorville Bankruptcy Law Firm Now
The team at Ewaniszyk Law Firm knows how hard it can be to manage soaring debts. If you think bankruptcy could be the right choice for you, let’s talk. Schedule a meeting now by connecting with us online or calling us at 760-245-7310.
Mr. Ewaniszyk was first admitted to practice law in 1982 and he lived and raised his family in the High Desert since 1986. He has successfully represented hundreds of clients each year suffering from serious and catastrophic personal injuries, those accused of criminal offenses, people going through divorce and family law matters, and families facing bankruptcy. Mr. Ewaniszyk has tried many cases in both Federal and State Courts during his extensive career and previously served for five years as the City Attorney for the City of Adelanto. Learn more here.