Irvine Wage Garnishment Lawyer

When you discover that your hard-earned money is being taken directly from your wages to pay a creditor, it’s easy to feel powerless. This process, known as wage garnishment, is a serious legal action that can make a difficult financial situation feel impossible. But you are not out of options. An experienced Irvine wage garnishment lawyer can help you understand your rights and find a path back to financial stability.

At Resolve Law Firm, we see your situation not as an ending, but as a starting point for a brighter future. With offices in Irvine and Downey, we help individuals and families throughout the Los Angeles area and across California take back control from their debt.

Guide

Key Takeaways: Wage Garnishment Lawyer in Irvine, CA

Wage garnishment is a legal process where a creditor obtains a court order to have money taken directly from a person’s paycheck.
In California, creditors must first sue the individual and win a judgment before they can garnish wages for most consumer debts.
State and federal laws place limits on the amount of money that can be garnished from a person’s disposable earnings.
Filing for bankruptcy can often stop a wage garnishment immediately through a legal protection known as the automatic stay.
A wage garnishment lawyer helps individuals explore their legal options, including challenging the garnishment or seeking relief through bankruptcy.

What is Wage Garnishment in California?

Wage garnishment feels deeply personal, but it’s a standard legal tool. It is a court order, called a writ of garnishment, that is sent to your employer. This order legally requires your employer to withhold a certain amount of your income and send it directly to your creditor to repay a debt.

However, a creditor can’t just decide to start taking your money. For most common debts, like credit card bills, medical expenses, or personal loans, they must follow a strict legal process:

File a Lawsuit: The creditor must first sue you for the unpaid debt.
Win a Judgment: They must win the lawsuit in court and obtain a money judgment against you. A judgment is a court’s official decision that you owe the debt.
Obtain a Court Order: With that judgment, the creditor can then ask the court for a writ of garnishment.

In California, the law protects a significant portion of your income. According to the California Department of Industrial Relations, a creditor can typically garnish the lesser of two amounts:

25% of your disposable earnings for the week; or
50% of the amount by which your disposable earnings for the week exceed 40 times the state minimum hourly wage.

“Disposable earnings” are what’s left after your employer makes legally required deductions like taxes, Social Security, and state disability insurance. These rules are in place to ensure you still have enough money to cover basic living expenses, but for many families in Southern California, even a small reduction in income can be devastating.

How an Irvine Wage Garnish Lawyer Can Help You

When you receive notice of a wage garnishment, your first instinct might be panic. The most important thing to do is take a deep breath and seek guidance. An Irvine wage garnishment attorney can immediately begin to assess your situation and outline a strategy to protect your income.

First, we will review the garnishment order to confirm it’s legally valid. We check for procedural errors and ensure the amount being withheld complies with state and federal law. Sometimes, a creditor may not have followed the correct steps, which could be grounds to challenge the garnishment in court.

Beyond just reviewing the paperwork, our goal is to find a lasting solution to the underlying debt. For many of our clients, the most effective tool for stopping a wage garnishment dead in its tracks is filing for bankruptcy.

The Immediate Relief of the Automatic Stay

One of the most powerful features of bankruptcy is a legal protection called the “automatic stay.” The moment your bankruptcy case is filed with the court, the automatic stay goes into effect. It functions like a legal stop sign, immediately halting most collection activities by creditors.

This protection is not a suggestion—it is a federal court order that creditors must obey. The automatic stay can provide immediate and welcome relief by stopping:

Wage garnishments
Harassing phone calls and letters
Foreclosure proceedings
Lawsuits
Bank account levies

This breathing room is critical. It gives you the time and space needed to work through the bankruptcy process with your attorney and develop a long-term plan for financial recovery without the constant pressure of collections.

Your Bankruptcy Options for Stopping Garnishment

At Resolve Law Firm, we focus on helping our clients use bankruptcy as a strategic tool to get a fresh start. An experienced wage garnishment lawyer can help you determine which type of bankruptcy is right for you.

Chapter 7 Bankruptcy

Often called a “liquidation” bankruptcy, Chapter 7 is designed to wipe out many common types of unsecured debt. This includes the credit card bills, medical debt, and personal loans that frequently lead to wage garnishment. For those who qualify based on their income, Chapter 7 can eliminate the source of the garnishment permanently and provide a clean slate.

Chapter 13 Bankruptcy

If you have a steady income and want to protect assets like a house or a car, Chapter 13 may be a better fit. In a Chapter 13 case, you reorganize your debts into a manageable repayment plan that lasts three to five years. The wage garnishment stops immediately, and the debt is included in your structured plan. This allows you to catch up on missed payments over time while keeping your property.

Having the support of a caring legal guide makes all the difference. At Resolve Law Firm, we are here to support you at every step.

Why Choose Resolve Law Firm if You’re Facing Wage Garnishment in Irving, CA

The financial stress of living in Southern California is very real. Whether you’re commuting past the Irvine Spectrum Center or raising a family in Downey, the high cost of living can quickly turn a small financial setback into a major crisis. Wage garnishment can happen to anyone, regardless of their background or profession.

Resolve Law Firm was founded to help people in our communities find a way forward. With offices in Irvine and Downey, we are proud to serve clients throughout Los Angeles County and across the state of California. We understand the local challenges you face and are committed to providing the compassionate, straightforward guidance you deserve.

Irvine Wage Garnishment FAQs

Here are answers to some common questions we hear from clients facing wage garnishment.

Can my employer fire me for a wage garnishment?

No. Federal law, specifically the Consumer Credit Protection Act (CCPA), protects you from being fired because of a single wage garnishment for one debt. However, the law does not protect you from termination if you have multiple garnishments from different creditors.

What types of income are protected from garnishment in California?

Certain types of income are generally exempt, or protected, from garnishment. These often include Social Security benefits, disability benefits, unemployment compensation, and retirement funds. It is important to discuss your specific sources of income with an attorney to understand what is protected.

Is it possible to get back money that has already been garnished?

In some limited situations, yes. If you file for bankruptcy shortly after money has been garnished, you may be able to recover some of those funds. This is a complex area of bankruptcy law known as “preference payments,” and a lawyer can evaluate if it applies to your case.

How long does a wage garnishment last?

A wage garnishment order will remain in effect until the entire debt, including interest and any legal fees, is paid in full. Without taking action like filing for bankruptcy, this could continue for many months or even years.

Contact a Trusted Irvine Wage Garnishment Attorney at Resolve Law Firm Today

If you’re facing a wage garnishment, know that you have the power to stop the garnishment, protect your income, and start fresh. The team at Resolve Law Firm is here to help you forge that path forward.

Don’t let another paycheck be reduced by a creditor. Call Resolve Law Firm today at (818) 697-9699 or through our online form to schedule your free, confidential 30-minute consultation. We have offices in Irvine and Downey and are ready to help you get the relief you deserve.

Resolve Law Firm, APC – Irvine Office

Address: 100 Spectrum Center Dr #1460, Irvine, CA 92618
P: (949) 301-9144