Wage Garnishment Attorney San Diego
When you owe a creditor for unsecured debts such as credit card debt or a student loan debt, then your creditor can sue you and obtain a judgment against you for the debt. The creditor will then try to collect on that judgment. The easiest ways for a creditor to collect on a judgment are to garnish your wages or levy on your bank account in California. Your creditor will most likely do research on you and find out where you work. If your creditor has done some simple research on you, they likely know where you work. To learn more about how to stop wage garnishment contact us for a free debt consultation.
Much like a bank levy, a creditor with a judgment against you can have documents served on your employer to garnish wages. California wage garnishment laws state that a judgment creditor can garnish up to 25% of your wages until a judgment is paid in full. This applies to private student loan debt that has been defaulted on as well. Your employer cannot ignore this and must garnish your wages as mandated by the writ. The only bright note is that your employer is not permitted to terminate you simply because your wages are being garnished. Get a free consultation from San Diego wage garnishment attorney, Jonathan Haskett to find out your best options. Contact by calling 844-729-4866 or click the button below.
Federal Student Loan Wage Garnishment
If you’re unable to pay your federal student loan debt and you go into default, then your creditor can start an Administrative Wage Garnishment (AWG) and go after up to 15% of your wages. There is a way to stop student loan wage garnishment before it happens through a loan rehabilitation.
A loan rehabilitation is a way for the Department of Education (DOE) to get defaulted loans back into repayment and is an alternative to garnishing your wages. The DOE uses a formula based on your income and expenses to determine the amount of your monthly payment. This calculation is based on the 15% Income Based Repayment Plan (IBR) formula. The DOE’s incentive is that they want your nonperforming loan to turn into a performing one. Once you are in a loan rehabilitation plan, then the bad marks on your credit will be removed.
Legal Help for Wage Garnishment
Timing is the key to stopping a wage garnishment. Your creditor understands that your wages are needed for the basic necessities of life and will work with you, but you must take action within the time frame permitted by law. Consulting with an attorney about stopping your wage garnishment can be very beneficial to succeeding.
Call San Diego debt relief attorney Jonathan Haskett at 844-729-4866 for a free consultation. You deserve an honest opinion on all of your options when facing collection on a judgment. In some instances, it may be best to consider bankruptcy. If that’s not a good option for you, it may be possible to negotiate a debt settlement with your judgment creditor. Everyone’s circumstances are different and you should know your options.
Wage Garnishment Success Stories
Our client had a judgment entered against him by Asset Acceptance, LLC, represented by the Winn Law Group. The court entered judgment for $13,478.75. Facing post-judgment interest and the possibility of a wage garnishment or bank levy, our client came up with funds to settle for $8,900.00, payable over a 3-month period. Our client saved a little over $4,500.00. Once the payments are made, a Satisfaction of Judgment will be filed with the court. But, most important, our client won’t live in constant fear that the money in his bank account will be taken away from him unexpectedly through a wage garnishment.
Citibank sued our client in Florida way back in 2005. Our client had no idea she had been sued. She moved to San Diego and Citibank somehow figured that out and domesticated the Florida judgment here in San Diego County. The total due was $15,432.35. With a judgment now enforceable in California, Citibank prepared to enforce the judgment by bank levy or wage garnishment. We were able to step in to negotiate a settlement of $8,286.00, which is a little over half of the amount claimed due. This helped our client avoid the embarrassment of her employer receiving a wage garnishment order. And put this 11-year-old debt to rest.
Capital One sued our client for $22,152, on a delinquent credit card account. We were able to settle the account for a one-time lump sum payment of $11,076. We saved our client 50% of the amount due. Most important, we helped our client avoid litigation and potential wage garnishment and bank levy without having to fight this out in court.
Our client had a judgment entered against her she did not know about. She first learned of it when she got a call from the law firm threatening to garnish her wages. Within an hour of retaining the Gamez Law Firm we were able to reach an agreement with the 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 12 month period. This will prevent the embarrassment she faced of her employer receiving a wage garnishment order.
Wage Garnishment Resources
Get wage garnishment help by checking out our various resources and schedule your FREE consultation by calling 844-729-4866
For more information or to begin fighting back against wage garnishment, contact a San Diego Wage Garnishment Lawyer, Jonathan Haskett for a FREE initial consultation. We have experience successfully handling wage garnishment related cases.