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Wage Garnishment

Newport Beach Wage Garnishment Lawyer

Helping Consumers Stop Wage Garnishment in Debt Collection Lawsuits

If you are facing a debt collection lawsuit or have already received notice of wage garnishment, you’re not alone. Every year, thousands of consumers in California are subject to aggressive debt collection tactics, including wage garnishment, bank levies, and property liens. At Fitzgerald & Campbell, our experienced Newport Beach wage garnishment attorneys provide effective legal representation to help you stop wage garnishment, resolve your debts, and protect your financial future.

Whether you're just starting to receive threatening letters or have already had wages withheld from your paycheck, it's not too late to take action. We proudly serve clients throughout Newport Beach and Orange County.

Call (844) 431-3851 now or schedule a free consultation online to protect your paycheck and regain financial control.

How Creditors Collect Debt from Consumers

When a consumer falls behind on payments, creditors often escalate their efforts to collect the debt. Here's how the debt collection process typically works in California:

  1. Initial Contact – The creditor or a third-party collection agency contacts you via phone or mail to demand payment.
  2. Negative Credit Reporting – If unpaid, the delinquency is reported to credit bureaus, damaging your credit score.
  3. Lawsuit Filing – If the debt remains unpaid, the creditor may file a civil lawsuit in court.
  4. Judgment – If you fail to respond or lose the lawsuit, the court may enter a judgment against you.
  5. Enforcement – Once a judgment is entered, the creditor can use legal mechanisms like wage garnishment or bank levies to collect the money owed.

Many consumers don't realize that ignoring a lawsuit can result in a default judgment, which gives the creditor the right to garnish wages without further notice.

What is Wage Garnishment?

Wage garnishment is a legal process that allows a creditor to take a portion of your paycheck directly from your employer to repay a debt. In California, creditors must first obtain a court judgment before garnishing wages—except in cases involving unpaid taxes, child support, or student loans.

Key facts about wage garnishment in California:

  • Creditors can garnish up to 25% of your disposable income (the amount left after legally required deductions).
  • Your employer is legally required to comply with the garnishment order.
  • Wage garnishment continues until the debt is paid in full or the court modifies the order.

Unfortunately, many consumers don't find out until they receive a smaller paycheck. By then, it may be too late to stop the first garnishment. Acting fast is essential—and that’s where our Newport Beach wage garnishment lawyers can help.

How to Avoid Wage Garnishment

Avoiding wage garnishment involves taking proactive steps when you're first contacted about a debt—or as soon as you’re sued. Here’s how you can protect yourself:

1. Respond to Lawsuits

Never ignore court papers. Filing an answer can prevent a default judgment and preserve your right to contest the debt.

2. Negotiate a Settlement

Sometimes, you can settle the debt for less than the full amount. A skilled attorney can negotiate on your behalf before a judgment is entered.

3. File Claims of Exemption

Even if a wage garnishment order is issued, you may be able to file a claim of exemption to reduce or eliminate the amount being garnished, especially if you have financial hardship.

4. Bankruptcy Protection

In some cases, filing for bankruptcy can halt wage garnishment immediately and help you discharge or restructure the debt.

5. Hire an Experienced Wage Garnishment Lawyer

The sooner you consult with an attorney, the more options you may have. At Fitzgerald & Campbell, we evaluate every aspect of your situation and provide tailored solutions to protect your income and legal rights.

FAQs About Wage Garnishment in Collection Lawsuits in Newport Beach, CA

How soon can my wages be garnished after a judgment is entered?

Wage garnishment can begin shortly after a creditor obtains a court judgment. Once a wage garnishment order is issued, your employer has a limited time to begin withholding a portion of your paycheck.

Can all of my paycheck be garnished?

No. Under California law, creditors can take either 25% of your disposable income or the amount by which your weekly wages exceed 40 times the state minimum wage—whichever is less.

What if I never received notice of the lawsuit?

If you were never properly served, you may be able to set aside the judgment. This can stop the garnishment and reopen the case.

Can a lawyer stop wage garnishment after it starts?

Yes. A Newport Beach wage garnishment lawyer can file a motion to set aside a default judgment, negotiate with creditors, or help you file for bankruptcy to stop garnishment.

Do wage garnishments affect my credit score?

While wage garnishment itself doesn’t show up on credit reports, the judgment leading to garnishment is public record and can negatively impact your credit.

Speak with a Newport Beach Wage Garnishment Attorney Today

Don’t let creditors take your hard-earned money without a fight. If you’re facing wage garnishment in Newport Beach or the surrounding areas, contact Fitzgerald & Campbell in Santa Ana today. Our Newport Beach wage garnishment attorneys will review your case, explain your options, and work quickly to stop the garnishment and resolve the underlying debt.

Reach out to (844) 431-3851 for a consultation designed to outline your options.

Real Client Results

Conquering Your Mountain of Debt Since 1992
  • $1,043,087.06 settled for $492,701.56 Individual
  • Client Saved $27,433.00! UGH, I LLC.
  • $535,175.56 was settled for $375,000.00 Madison 65 Co
  • Client’s debt was reduced by $314,811.00! National Continental Insurance Company
  • $263,963.17 JUDGMENT VACATED! Los Angeles County Superior Court

Hear From Our Happy Clients

At Fitzgerald & Campbell, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    "Great help from the start!"
    Fitzgerald & Campbell were a great help from the start. Seeking their legal help for dealing with debt collectors was the right decision. The process was simple and straightforward, reducing my stress greatly for a reasonable price. Highly recommend!
    - C.M.
    "Clarity and prompt communication."
    We were involved in a tricky sister-state judgment case from a vehicle accident in Nevada. Several attorneys were stumped, but Fitzgerald & Campbell provided clarity and prompt communication to vacate the judgment. The case is now dismissed without prejudice. Highly recommended.
    - E.C.
    "Fitzgerald & Campbell is Truly Praiseworthy"

    I was in a difficult and stressful situation. I was sued and served over an old personal loan.
    Fitzgerald & Campbell helped me to settle and lowered the judgment amount in less than a month.
    This firm is outstanding and they care about their clients.
    Thank you, Ms. Patricia Mendez for being so passionate and so helpful about my case.
    Now, am stress free.
    Fitzgerald & Campbell is a truly praiseworthy and highly recommended firm.
    Thank you.

    - E.A.
    "You Are All Amazing"

    Thank you very much, Ma'am for the immediate help.

    You are all amazing!🙏🙏🙏

    - E.A.
    "Friendly hand to get you out."
    Dealing with a judgment and wage garnishment, Fitzgerald & Campbell explained my options to settle and guided me through the paperwork. They handled all communication with the creditor, negotiating a settlement I could afford. They extend a friendly hand to get you back on your feet.
    - S.J.
"I've walked in your shoes! Let me do for you what I learned to do for myself." - Gregory M. Fitzgerald, Managing Partner