How do Lawyers Stop Wage Garnishment in California?

If you are facing a wage garnishment in California you must immediately get in touch with a professional attorney who has expertise in wage garnishment laws. Under the wage garnishment laws in California a creditor can easily obtain a judgment to garnish your wages. The law allows the creditors to garnish as much as 25% of your net income. This amount can have adverse effects on how you meet the basic necessities in your daily life. Wage garnishment usually covers loan defaults arising out from pay day loans, credit cards, personal loan or medical bills. If you are facing a wage garnishment a lawyer can help you several ways under the laws in California. We shall discuss some of these here

Filing For an Exemption

The law in California allows you to stop the Wage Garnishment by filing an exemption. Here you will have to prove that the amount being garnished is needed to support you or your family. This is where a professional lawyer will guide you through the entire process of filing for an exemption. This requires you to file a claim for exemption form. Along with this form you will also need to present a financial statement where details of your income and expanses need to be stated.

You can propose to pay certain amount of money as a part of the Claim of Exemption. This amount takes into consideration all your basic needs. In case the creditor rejects your Claim of Exemption then a hearing shall decide on your claim for exemption. In such a case the financial statement the Claim for exemption form becomes vital for your case and needs the expertise of a lawyer. A half-baked financial statement can easily be rejected denying you the chance of being exempted from the wage garnishment.

Filing for Bankruptcy

This is the last resort that many debtors have to choose to stop wage garnishment. Like the previous case here a professional lawyer is indispensible. A lawyer will guide you through the various stage of filing for a bankruptcy and help you choose the correct Chapter. Once you have filed for bankruptcy there is an automatic stay put in place. The automatic stay prevents the garnishment from continuing. Though this might seem to be a good solution there are many disadvantages associated with filing for bankruptcy.

It is a myth that filing for bankruptcy saves you from all the woes of paying your creditors but the fact is you need to eventually pay all that is due to your creditor. Your assets can be liquidated to accommodate the claims of the creditors. Apart from this you also earn yourself a bad credit score which are likely to create problems in the future. This is where the experience and expertise of the attorney comes into play as they can easily seek many exemptions under the bankruptcy laws in California that doesn’t deny you the basic necessities of life.

This post is shared by Attorneyforbankruptcy.com, which a leading law firm of California. Here you can have detailed information on wage garnishment in california and debt consolidation in california.