Wage Garnishment Attorney San Diego

Protecting Your Wages & Financial Future in San Diego

If you've received notice that your wages may be garnished, you're not alone—and you're not without options. At Fitzgerald & Campbell, our experienced San Diego wage garnishment lawyers help individuals navigate the complexities of debt collection lawsuits and protect their hard-earned income. We work with consumers throughout San Diego who are facing aggressive tactics from creditors, and we offer proactive legal strategies to stop or prevent wage garnishment.

Call (844) 431-3851 today and take the first step toward securing your financial future.

How Creditors Collect Debt from Consumers

Creditors and debt collectors have several legal tools at their disposal to recover outstanding debts. When voluntary repayment efforts fail, they often resort to more forceful methods, such as:

• Filing a debt collection lawsuit
• Securing a court judgment against the consumer
• Enforcing the judgment through wage garnishment or bank levies

In California, a creditor must first sue you and win a judgment before they can garnish your wages. Once a judgment is entered, the creditor can request a Writ of Execution, allowing the sheriff to direct your employer to withhold a portion of your wages and send it directly to the creditor. This process can continue until the debt is satisfied or other legal action is taken.

What is Wage Garnishment?

Wage garnishment is a legal process where a portion of your earnings is automatically withheld by your employer to pay a debt, usually following a court order. In most cases, this follows a lawsuit for unpaid debts such as:

• Credit card balances
• Medical bills
• Unpaid personal loans
• Private student loans
• Auto loan deficiencies

In California, wage garnishment is regulated by the California Code of Civil Procedure § 706, which limits the amount creditors can take. Generally, a creditor can garnish up to 25% of your disposable income or the amount by which your income exceeds 40 times the state minimum hourly wage, whichever is less.

This can severely impact your ability to meet day-to-day living expenses in a city like San Diego, where the cost of living is already high.

How to Avoid Wage Garnishment

Being proactive is the best way to avoid wage garnishment. Once a creditor files a lawsuit, your legal rights begin to shrink with each step you take—or fail to take. Here are key ways to avoid garnishment:

• Respond to Lawsuits Promptly: Ignoring a debt collection lawsuit is a fast track to a default judgment, which leads to wage garnishment. Always respond within the time allowed (typically 30 days in California).
• Negotiate or Settle the Debt: You may be able to settle the debt before it reaches judgment. At Fitzgerald & Campbell, we negotiate on your behalf to secure manageable payment plans or lump-sum settlements.
• Claim Exemptions: California allows certain exemptions that protect your income or assets. If you're low-income or face hardship, a San Diego wage garnishment lawyer can help you file an exemption claim.
• File a Motion to Vacate a Judgment: If you missed a court date or weren’t properly served, you may be able to undo the judgment that led to garnishment.
• Consider Bankruptcy: In some cases, filing for bankruptcy can immediately halt wage garnishment through the automatic stay. Chapter 7 or Chapter 13 bankruptcy may eliminate or restructure your debt.

Our attorneys at Fitzgerald & Campbell carefully assess each client’s situation to determine the most effective path forward.

FAQs About Wage Garnishment in Collection Lawsuits in San Diego, CA

Can my employer fire me because of wage garnishment?

No. Under both federal law and California law, it is illegal for your employer to fire you solely because of a wage garnishment for one debt.

How much of my paycheck can be garnished in San Diego?

In California, creditors can garnish the lesser of:

• 25% of your disposable earnings, or
• The amount by which your weekly earnings exceed 40 times the state’s minimum wage ($16.00/hour as of 2025).

Can multiple creditors garnish my wages at once?

Generally, only one garnishment is allowed at a time for consumer debts. However, back taxes, child support, or federal student loans may be garnished concurrently.

What should I do if I receive a garnishment order?

Contact a wage garnishment attorney immediately. You may still have time to negotiate with the creditor, file an exemption, or challenge the garnishment in court.

Can I stop wage garnishment without bankruptcy?

Yes. Depending on your case, we may be able to negotiate a settlement, file a motion to vacate a default judgment, or claim legal exemptions to stop or reduce the garnishment.

Speak to a San Diego Wage Garnishment Lawyer Today

Wage garnishment can take a devastating toll on your financial stability. If you're being threatened with garnishment or are already losing part of your paycheck, you need legal help now. At Fitzgerald & Campbell, our San Diego wage garnishment lawyers fight to protect your rights and stop unfair debt collection practices.

If you're feeling overwhelmed by wage garnishment in San Diego, reach out to Fitzgerald & Campbell for a consultation.