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Wage Garnishment

Wage Garnishment

We Are Your Trusted California Lawyers for Wage Garnishment

Wage Garnishments is actually an order that requires an employer to withhold part of your earnings to pay off your tax debt. This happens to many tax debtors.

The order of Wage Garnishment could be issued if you:

Haven’t paid taxes in a long time
Forgot to pay taxes one year
Avoided paying taxes for financial reasons
Significantly underpaid your tax liability
Oppose taxation altogether and don’t pay for years

IRS, as well as the courts and other federal agencies, has the ability to garnish your salaries, wages, bonuses, commissions, and retirement or pension earnings.

In order to avoid wage garnishment, the IRS must be contacted as soon as an “Intent to Levy” or Notice of Levy letter is received, and you will need to set aside some time to meet with the IRS. You probably don’t want to deal with the uneasiness of having your employer receive an “Order to Withhold Taxes” letter from your wages. We, at Tenina Law, can contact the IRS to negotiate to stop a wage garnishment.


The Wage Garnishment Process

First, the IRS sends you a Notice and Demand for Payment. If you don’t pay the tax, the IRS will send you a “Final Notice” just 30 days before the wage garnishment begins. The Final Notice may be served by the IRS in person, at your home, or usual place of business. The taxpayer doesn’t need to actually receive the notice for the notice to be valid (that usually happens when IRS does not have a current address for you). As a result, some taxpayers get wages garnished without ever receiving a notice.

Federal law limits the maximum amount that can be garnished to the lesser of 25% of your disposable income or 25% of your weekly wages that are over 30 times the minimum hourly wage. (In cases of child or spousal support, up to 50 percent of your disposable income can be garnished.) Your income typically can’t be garnished if it comes from Social Security, retirement plans, or public assistance benefits. In addition, your income usually can’t be garnished if it comes from workers’ compensation awards, unemployment benefits, or disability benefits. You cannot be fired by your employer for the inconvenience of dealing with a garnishment for tax debt. However, you can be fired for having more than one wage garnishment.coque telephone disneyhandyhüllen selbst gestaltenphone case xrburga telefoonhoesjesarticle

Tenina Law, Inc and its associates have the knowledge and the experience necessary to assist you with wage garnishment problems. Dealing with tax issues is extremely complicated and stressful. you need a tax lawyer who specializes in tax law and has experience in helping people get rid of their IRS problems.

Wage Garnishment in California

Wage garnishment is a court or government order that directs your employer to deduct a specific amount from your pay and send it directly to your creditors. At Tenina Law, we understand the stress that accompanies dealing with debt. However, when a significant portion of your pay is withheld for debt repayment, it can lead to financial difficulties. If you’re struggling to pay your bills due to wage garnishment, we encourage you to reach out to our team of dedicated wage garnishment attorney.

Our attorney can provide valuable information about your legal options to safeguard your hard-earned money and regain control of your debt. By choosing our firm as your representative, we make stopping wage garnishment and putting an end to harassing calls from creditors our top priority. Additionally, we will take necessary debt collection measures on your behalf.

What Can Be Garnished from My Pay Check?

California and federal laws restrict the extent to which your wages can be garnished, ensuring that you can cover your essential living expenses. While California’s wage garnishment laws align with federal regulations, it is crucial to note that federal law takes precedence in California.

  • For most debtors, creditors cannot garnish more than 25% of their wages after deductions,
  • The amount by which weekly disposable earnings exceed 30 times the federal hourly minimum wage.

The law mandates that the remaining wages after deductions must be provided to employees. California law offers additional safeguards for wages that are near the minimum wage threshold. Furthermore, it is important to note that the federal minimum wage in California is higher than the federal standard.

A Court Order Is Required for Wage Garnishment

Creditors typically cannot garnish your wages unless they first obtain a court order confirming the debt’s validity and the amount owed. In the case of late credit card payments or outstanding medical bills, creditors cannot garnish your wages without suing you and obtaining a judgment from the court.

Certain Debts Are Automatically Garnished

Different rules for wage garnishment apply to different types of debt. One such type is automatic wage garnishment, also known as income withholding.

  • Support for Children
  • Student Loans
  • Taxes

The government or creditor can garnish your wages for the listed debts without requiring a court order.

How Much of My Wages Can Be Garnished in California?

Your income could be significantly reduced if your wages are garnished. The law allows the following deductions from your garnished pay:

  • You can spend up to 25 percent of the money you have available.
  • Your weekly income is greater than 30 times the federal wage minimum.
  • The amount to be garnished will depend on the lower of the two.

Before wage garnishment, there are typically warning signs or notices given. If you take these warnings seriously, it is essential to reach out to our law firm for debt relief. We may have the ability to prevent wage garnishment from even commencing. While bankruptcy may be a recommendation we provide, we are also equipped to explore alternative options for genuine debt relief. Bankruptcy is just one of the tools available in our arsenal.

Can My Wages Be Garnished Without a Court Order in Los Angeles

A court order is not required for certain debts.

  • Taxes: The government can garnish wages without a court’s order if they owe you taxes.
  • Child Support: Child Support Enforcement Orders include automatic wage garnishment which can range between 50 and 60 percent of your available income.
  • Student Loans: If you default on student loans, the Department of Education may issue a garnishment.

How Bankruptcy Can End Wage Garnishment

You can get real debt relief by filing Chapter 7 or Chapter 13 bankruptcy.

  • The automatic stay is the first relief that bankruptcy provides. The automatic stay stops all creditor harassment and wage garnishment, as well as repossessions, foreclosures, and evictions. We can help if you’re having difficulty paying your taxes, rent or mortgage, and car payments, and are being harassed.
  • Second, bankruptcy may provide relief from debts. You may have fallen behind on your bills and be struggling to pay them if you are garnished. You can eliminate most of your debts by filing for bankruptcy. This will allow you to use your income to pay off your priority debts while still being able to cover your daily expenses.

Many clients have successfully overcome overwhelming debt. Contact us as soon as possible to safeguard your credit rating and regain control of your finances. You may find bankruptcy to be a viable alternative that can help you establish a stronger financial foundation.

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