Costa Mesa Wage Garnishment Attorney

If you are facing wage garnishment in Costa Mesa, CA, you are not alone. Many people who fall behind on credit cards, medical bills, personal loans, or other financial obligations find themselves targeted by creditors through debt collection lawsuits. Once a creditor wins a judgment, one of the most aggressive tools they use to collect is wage garnishment. At Fitzgerald & Campbell, our Costa Mesa wage garnishment lawyers help consumers fight back, protect their rights, and explore all available legal options.

Call (844) 431-3851 today or contact us online to schedule a consultation.

How Creditors Collect Debt from Consumers

When you fall behind on payments, creditors will typically try several methods to collect, including:

• Collection Calls and Letters – Debt collectors often start with persistent phone calls or letters demanding payment.
• Debt Collection Lawsuits – If initial attempts fail, a creditor may file a lawsuit in California civil court.
• Judgments – If the creditor wins, the court issues a judgment against you for the amount owed, plus interest, attorney’s fees, and court costs.
• Enforcement of Judgments – After obtaining a judgment, creditors can enforce it through various legal methods such as placing liens on property, levying bank accounts, or garnishing wages.

Wage garnishment is one of the most immediate and stressful consequences of a debt collection judgment because it directly affects your paycheck.

What is Wage Garnishment?

Wage garnishment is a court-ordered process where a portion of your paycheck is withheld by your employer and sent directly to the creditor. Under California law, only a percentage of your disposable income (what is left after mandatory deductions like taxes) can be garnished.

In most cases, creditors can take up to 25% of your disposable income or the amount by which your weekly earnings exceed 40 times the state minimum wage—whichever is less. However, certain debts such as child support, spousal support, or back taxes may allow for even higher garnishment amounts.

If your wages are garnished, you may suddenly struggle to cover rent, utilities, groceries, and other basic expenses. That is why speaking with an experienced Costa Mesa wage garnishment attorney is so important—legal intervention may help stop or reduce the garnishment.

How to Avoid Wage Garnishment

Even if a creditor has filed a lawsuit, you may have options to avoid garnishment. Here are some of the most common strategies our firm explores for clients:

1. Respond to the Lawsuit

Many consumers ignore debt collection lawsuits, which almost always leads to a default judgment in favor of the creditor. Filing a timely response gives you the chance to fight the claim, dispute the amount owed, or raise defenses such as mistaken identity, statute of limitations, or improper documentation.

2. Negotiate a Settlement

Sometimes, negotiating directly with the creditor or their attorney can result in a payment plan or reduced lump-sum settlement that avoids garnishment.

3. File a Claim of Exemption

California allows consumers to file a “claim of exemption” if wage garnishment causes financial hardship. If approved, this may reduce or eliminate the garnishment.

4. Explore Bankruptcy

In cases of overwhelming debt, filing for bankruptcy can provide immediate relief through the automatic stay, which stops wage garnishments and all other collection activities. Bankruptcy may also discharge unsecured debts, giving you a fresh start.

FAQs About Wage Garnishment in Collection Lawsuits

Can my employer fire me for having a wage garnishment?

No. Under federal law, your employer cannot fire you solely because your wages are being garnished for a single debt. However, if you have multiple garnishments, protections may not apply.

How much of my paycheck can be garnished in California?

For most consumer debts, creditors can garnish the lesser of 25% of your disposable income or the amount by which your earnings exceed 40 times the state minimum wage. Other debts, such as child support or taxes, may allow larger garnishments.

Can I challenge a wage garnishment order?

Yes. You may be able to challenge the order if the debt is not valid, if the judgment was entered improperly, or if the garnishment causes undue financial hardship.

How long does wage garnishment last?

Wage garnishment continues until the debt, including interest and fees, is fully paid off—unless you successfully challenge it or resolve it through legal options like bankruptcy or settlement.

Will bankruptcy stop wage garnishment immediately?

Yes. Filing for bankruptcy triggers the automatic stay, which halts all collection activity, including wage garnishment. Whether the debt itself can be discharged depends on the type of debt and the bankruptcy chapter filed.

Speak with a Costa Mesa Wage Garnishment Lawyer Today

If you have been served with a debt collection lawsuit or are already facing wage garnishment, time is critical. Acting quickly may allow you to stop the garnishment, protect your paycheck, and regain control of your finances.

At Fitzgerald & Campbell, our Costa Mesa wage garnishment attorneys are here to help you explore every available option and fight for your financial future.

Call (844) 431-3851 to take the first step toward relief.