Aliso Viejo Wage Garnishment Lawyer

At Fitzgerald & Campbell, we understand how overwhelming it can feel to face a debt collection lawsuit and the possibility of wage garnishment. If you are struggling with debt in Aliso Viejo, CA, you may be worried about how to protect your paycheck, your livelihood, and your future. Our experienced Aliso Viejo wage garnishment attorney can help you navigate debt collection lawsuits, understand your rights, and develop strategies to stop or reduce the impact of wage garnishment.

Contact us today to schedule a consultation with an experienced Aliso Viejo wage garnishment attorney and take the first step toward regaining financial control.

How Creditors Collect Debt from Consumers

When a consumer falls behind on financial obligations—such as credit card bills, medical debt, personal loans, or unpaid judgments—creditors and debt collectors have several legal avenues to attempt repayment. Some of the most common debt collection methods include:

• Collection Calls and Letters – Creditors often begin by contacting you directly to request payment.
• Debt Collection Lawsuits – If attempts to collect the debt fail, creditors may file a lawsuit against you in civil court.
• Default Judgments – If you fail to respond to a lawsuit, the court may issue a default judgment in favor of the creditor.
• Post-Judgment Collection Tools – With a valid court judgment, creditors may seek repayment through wage garnishment, bank levies, or liens on property.

In California, wage garnishment is one of the most powerful tools creditors have to enforce a judgment, but you have rights and options that may help protect you.

What is Wage Garnishment?

Wage garnishment is a legal process that allows a creditor to collect a portion of your paycheck directly from your employer after obtaining a court judgment against you. In California, most creditors must first sue you in court, win the lawsuit, and secure a judgment before garnishment can begin.

Once the judgment is in place, the creditor may obtain a writ of execution and serve an earnings withholding order on your employer. This order requires your employer to deduct a portion of your wages and send it directly to the creditor until the debt is satisfied.

Under California law, the amount a creditor can garnish is generally limited to:

• Up to 25% of your disposable earnings, or
• The amount by which your weekly disposable earnings exceed 40 times the state minimum wage—whichever is less.

Disposable earnings refer to the income left after mandatory deductions like taxes and Social Security. This limitation is intended to ensure that you still have enough income to meet basic living expenses, but even a reduced paycheck can cause financial hardship.

Keep in mind that some debts—such as child support, spousal support, or certain government debts (like unpaid taxes or student loans)—may be subject to different garnishment limits and procedures.

How to Avoid Wage Garnishment

The good news is that wage garnishment is not inevitable. If you are facing a collection lawsuit or have already been served with notice of garnishment, there are several strategies an Aliso Viejo wage garnishment lawyer can use to help protect your income.

1. Respond to the Lawsuit

Never ignore a debt collection lawsuit. If you respond on time, you may be able to challenge the creditor’s claims, negotiate a settlement, or even have the case dismissed if the creditor lacks proper documentation.

2. Negotiate a Payment Plan or Settlement

Creditors are often willing to accept a reduced lump-sum payment or set up a payment plan rather than go through the lengthy garnishment process. An attorney can negotiate favorable terms on your behalf.

3. Claim Exemptions

California law provides certain exemptions that may protect part of your income or assets from garnishment. An attorney can help you file the necessary paperwork to assert your exemption rights.

4. File a Claim of Exemption Hearing

If garnishment has already begun, you may request a hearing to argue that the garnishment creates undue hardship. A judge may reduce the amount being withheld or stop it altogether.

5. Explore Bankruptcy Options

In some cases, filing for bankruptcy may be the most effective way to stop wage garnishment and get a fresh financial start. Bankruptcy triggers an automatic stay that halts most collection actions, including garnishments.

FAQs About Wage Garnishment in Collection Lawsuits

Can my employer fire me because of wage garnishment?

No. Under federal law, your employer cannot fire you solely because of a single wage garnishment. However, multiple garnishments may complicate matters, so it’s best to seek legal advice.

How long does wage garnishment last in California?

Garnishment typically continues until the debt is paid in full, the judgment expires, or you successfully stop it through legal action.

Can I challenge a wage garnishment?

Yes. You may file a claim of exemption or request a court hearing to challenge the garnishment amount or argue that it causes financial hardship.

What types of income are exempt from garnishment?

Certain sources of income—such as Social Security benefits, disability benefits, unemployment, and retirement pensions—are generally exempt from garnishment under California and federal law.

Do I need a lawyer for a wage garnishment case?

While you can represent yourself, an experienced Aliso Viejo wage garnishment lawyer can evaluate your situation, protect your rights, and develop strategies to minimize or stop garnishment.

Reach out to Fitzgerald & Campbell today at (844) 431-3851 for a private consultation.