Is it Legal to Garnish Wages in California?

In California, if you owe a creditor or individual money and have not paid them in time, they can petition the court for a wage garnishment. It is legal for them to garnish up to 25 percent of your pay. That is a significant amount of your income, and can result in further financial distress.

Wage Garnishment in California

Each county within California will have its own procedural rules about how garnishments are processed. Here are some general facts about California's wage garnishment laws that you need to understand if you are facing this potential situation:

• Wage garnishment can be used to satisfy debts you owe to creditors and court ordered payments such as child support.
• It is lawful for them to garnish your wages for up to 25% of your total income. There are exemptions and exceptions, so talk to a lawyer if you have any questions about your income.
• Creditors can also apply to the court to garnish your bank account if you owe them money. Imagine going to the bank one day and finding that you cannot access your money. This could be a disastrous situation.
• If you own any assets, and creditors are unable to get their money through other means, they can ask the court to seize your property and sell it to settle the debt.
• You will be provided notification if and when your property, bank account or wages have been garnished in most California counties.
• In California, creditors are entitled to a court hearing called a Debtor's Examination. This is a court ordered hearing at which the creditor can ask you questions about your property and income. This is a first step for some creditors in the garnishment process, and you should be on notice and attempt to cooperate by paying your debt or negotiating with them for terms that you can manage.
• If a debtor does not have property of value or income, then a creditor will not be able to collect a judgment, even if they have a court order.
• In some cases, creditors can collect from your spouse for your debts under California law.

Getting Legal Help

If you need help figuring out how to get out of your debt situation, contact an attorney who can assist you with assessing your options. An attorney will advise you on your best approach to debt and help you deal with any legal matters.