Wage Garnishment “A law firm is only as good as its ability to understand and respond to the individual needs of its clients. The Gorski Firm provides cost effective and high-quality counsel to individuals and businesses and provides our clients with the same resources as large firms, without sacrificing personal attention.”
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Wage Garnishment Attorney in Bakersfield, CA

Wage Garnishment Defense & Relief in Kern County

Wage garnishment occurs when a portion of your paycheck is withheld to satisfy an outstanding debt. While California and federal laws restrict the amount creditors can take, these deductions can still cause significant financial strain by reducing your take-home pay. It is also important to note that specific debts, including child support, taxes, and student loans, are subject to different regulations that may allow for larger garnishment amounts.

The Gorski Firm assists clients facing wage garnishment throughout Bakersfield and Kern County. We work to stop garnishments through bankruptcy filing, challenge improper collection procedures, and negotiate payment arrangements with creditors. Our focus is on protecting your rights under California law and restoring your financial stability.

Do you need to consult with a wage garnishment attorney in Bakersfield? Call (661) 768-1441 or contact us online. We can evaluate your garnishment situation and explain your options for relief.

How Wage Garnishment Works in California

Most creditors must file a lawsuit and obtain a court judgment before they can begin garnishing your wages. After securing this judgment, the creditor applies for a writ of garnishment and serves it to your employer. Once notified, your employer is legally required to withhold a specific portion of your earnings and send those funds to the creditor until the balance is settled.

California Garnishment Limits

California law restricts the amount a creditor can take from your paycheck.

The garnishment cannot exceed the lesser of these two figures:

25% of your weekly disposable earnings.
The amount by which your weekly disposable earnings exceed 40 times the state's hourly minimum wage.

If you owe multiple debts, several garnishments may be active at once; however, the total amount withheld across all claims must remain within these legal thresholds.

Stopping Wage Garnishment through Bankruptcy

Filing for bankruptcy triggers an automatic stay, which halts wage garnishment immediately. Under federal law, creditors must cease all garnishment actions the moment a Chapter 7 or Chapter 13 case is opened. Once your employer receives notice of the filing, they are required to stop withholding funds from your paycheck.

Chapter 7: Permanent Debt Elimination

Chapter 7 bankruptcy wipes out most unsecured debts that lead to garnishment, such as credit card judgments, medical bills, and personal loans. Because the underlying debt is discharged, the garnishment ends permanently. This process is typically finalized within four to six months.

Chapter 13: Structured Repayment

Chapter 13 bankruptcy also stops garnishment but manages the debt through a court-approved repayment plan. Instead of an immediate discharge, your debts are consolidated into one monthly payment based on your disposable income. Creditors receive their share through this plan, effectively replacing the garnishment with a structured, predictable payment.

Challenging Improper Garnishment

Some garnishments lack legal validity. You can challenge a garnishment if the lawsuit papers were served improperly, the statute of limitations on the debt expired, the withholding amount was miscalculated, or the source of income is exempt.

California law provides complete protection for specific income sources. Social Security, SSI, unemployment, workers' compensation, disability benefits, and public assistance remain off-limits to most creditors. If an employer begins withholding these protected funds, you have the right to file a claim of exemption.

Additional protections exist for those who provide at least half of the financial support for a dependent. The head-of-household exemption can reduce or eliminate withholding, even after a creditor has obtained a valid judgment.

Negotiating Alternatives to Garnishment

Creditors may agree to halt garnishments in exchange for a settlement or a structured payment plan. A lump-sum settlement for less than the total balance can resolve the debt and permanently end the garnishment. Alternatively, installment plans allow the debt to be paid over time without active withholding.

Formalizing these arrangements through a stipulated agreement filed with the court can legally release the wage garnishment. Proactive negotiation before the process begins is typically more successful than trying to stop a garnishment that is already in place. In certain instances, presenting proof of financial hardship may convince a creditor to provide temporary relief.

Believe your garnishment is improper? Call (661) 768-1441 or contact us online to schedule a case consultation with a wage garnishment lawyer in Bakersfield. We can review the garnishment order and challenge any legal violations.

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