Wage Garnishment: Collect What You Are Owed
Many debtors are unwilling to pay. Wage garnishment simplifies the collection process. You don’t have to fight with your debtor or hunt them down. Instead, you go right to the source – his or her employer. A wage garnishment, or earnings withholding order, is a court order sent to your debtor’s employer, requiring that a portion of the debtor’s wages goes to you. Every time your debtor gets paid, you get paid.
How Wage Garnishments Work
Wage garnishment can be a powerful tool for creditors seeking to recover debts owed by individuals. It involves legally mandating an employer withholding a portion of a debtor’s earnings and directing those funds to the creditor. This process can be complex and must comply with the federal and state laws that govern it. Here is a breakdown of how wage garnishment works, the steps involved, and how it fits into a broader debt collection strategy:
1. Obtaining A Court Order For Wage Garnishment
Creditors must obtain a court order to begin the wage garnishment process. This typically begins with the creditor filing a lawsuit against the debtor. Once a creditor renders a judgment, they can request a wage garnishment order from the court. The court then issues a writ of garnishment, which serves as the legal directive for the debtor’s employer to withhold wages.
2. Notification Process
Once the creditor issues a garnishment order, they must notify the debtor and their employer. The debtor receives a notification outlining the garnishment details, including the amount withheld from their paycheck and the duration. The debtor’s employer also gets a copy of the garnishment order and must comply by withholding the specified amount from the debtor’s paycheck.
3. Collection Of Funds
Once the employer receives the garnishment order, it can start deducting the debtor’s owed amount per pay period from their wages. Then, the employer can forward the amount garnished to the creditor or other designated party. This continues until the debtor pays what is owed or the court says otherwise.
How To Garnish Your Debtor’s Wages
A court has decided: You are owed money. Now what? Many people struggle with enforcing their judgments and collecting the money they are owed.
If you have a judgment stating that you are owed money and your debtor refuses to pay, there are options. Through a wage garnishment, or earnings withholding order, you cut the debtor out of the process and get paid directly from the debtor’s employer.
Our attorneys make the process simple:
- First: We obtain an earnings withholding order.
- Second: We notify your debtor and his or her employer.
- Third: We collect your money.
California law typically limits the amount of wages that can be garnished per paycheck at 25%. Depending on the amount you are owed, wage garnishment may be only one of a variety of collection methods we use to get you paid.
The Timeline For Obtaining Wage Garnishments
Acting swiftly to secure a wage garnishment order is crucial. Delays can significantly impact the likelihood of successful debt recovery. Debtors may take steps to protect their income, such as changing jobs or filing for bankruptcy, which could complicate or nullify the garnishment process. By moving quickly, creditors can have a better chance of collecting their debts before the debtor’s circumstances change.
Wage Garnishment FAQs
Get answers to some of the most common questions and concerns we hear about wage garnishment from our clients:
How do I obtain a wage garnishment order?
A creditor must first obtain a wage garnishment order by obtaining a judgment against the debtor in court. This involves filing a lawsuit and proving the debt owed. Once a court awards the creditor judgment, the creditor can make a formal request for garnishment.
What types of income can be garnished?
Wage garnishment typically applies to regular earnings, including salaries, bonuses, and commissions. However, certain types of income can be exempt from garnishment. These may include Social Security benefits, disability payments, and, depending on the circumstances, a portion of retirement income.
What is the maximum amount that can be garnished from wages in California?
In California, creditors can garnish 25% of the debtor’s disposable earnings per pay period. They can also take the extra amount if the debtor’s weekly pay is more than 40 times the state minimum wage. Disposable earnings are the income left after legally required deductions. These limits are in place to ensure that debtors retain enough income to meet their basic needs.
What should I do if my debtor changes jobs?
If a debtor changes jobs, acting quickly to maintain the garnishment is important. The creditor should attempt to locate the new employer and submit a new garnishment order to them. This may involve conducting employment searches or utilizing third-party services. Continuous monitoring of the debtor’s employment status is essential to ensure that wage garnishment remains effective.
Every Day You Wait Is A Day Without Payment
At Joshua P. Friedman & Associates, Inc., in Los Angeles, we make your debtor’s life miserable. Once your debtor sees how serious we are about collecting your debt, he or she will start playing ball. If not, we will take your debtor’s wages.
Don’t wait another day to collect what you are owed. Contact us online today or call 310-278-8600.