San Jose Wage Garnishment Lawyer

Serving Oakland, Salinas & San Jose Since 1990

Typically, a debtor's wages can be garnished only after a judgment has been entered against that Debtor. When a wage garnishment is served, a certain amount may be withheld from a person's earnings by an employer in order to pay a debt.

Common examples of wage garnishments include:

• Child Support
• Creditor Garnishment
• Defaulted Student loan
• Federal Tax Levy
• State Tax Levy
• Spousal Support

Can Wage Garnishments Be Stopped?

Generally, filing a bankruptcy petition triggers an automatic order that stops or "stays" wage garnishments. In other words, the wage garnishments must stop immediately. The order is automatic and is effective immediately upon filing the bankruptcy.

What If a Creditor Continues the Garnishment After Filing Bankruptcy?

If a creditor continues the wage garnishment after the filing of bankruptcy, the creditor must pay the money back immediately, even if, at the time of the wage garnishment, the creditor honestly did not know about the bankruptcy filing. If a creditor refuses to pay the money back after having notice of bankruptcy, the creditor can be sued, and will be forced to pay the debtor's attorney fees! Sometimes, even some of the money that was garnished before the filing of the bankruptcy can be recovered through the bankruptcy process! To learn more, reach out to our San Jose wage garnishment attorneys. 

Under certain circumstances, filing for bankruptcy might wipe out or "discharge" some or all of the debts that have caused the wage garnishment. Once the debt is wiped out through the bankruptcy process, the creditor can never garnish wages. Under other circumstances, filing a Chapter 13 bankruptcy will allow the Debtor to pay the debt back over an extended time. While the debtor is in Chapter 13 bankruptcy protection, the creditor cannot garnish wages. Obviously, consumers find it very convenient to remain in bankruptcy protection and make reasonable payments through a chapter 13 plan. This is far more practical than being outside bankruptcy protection and at the mercy of creditors who can continue wage garnishment until the debt is paid off.

Understanding Wage Garnishment Defense Resources in San Jose

In the heart of Silicon Valley, San Jose residents face unique financial challenges, including the burden of wage garnishment. With the rising cost of living and competitive job market, many individuals struggle to manage their debts while maintaining financial stability. The Fuller Law Firm, PC recognizes these local pain points and is dedicated to providing tailored solutions to help protect your income from wage garnishment.

Local government entities, such as the City of San Jose's Housing Department, offer programs that may provide financial guidance and assistance for those facing wage garnishment. Additionally, the Santa Clara County Office of Supportive Housing can connect residents with resources to navigate financial distress and regain control over their income.

Understanding the specific issues San Jose residents face, such as high living expenses and mounting debts, is essential for effective wage garnishment defense. Our team is well-versed in California's wage garnishment laws and can help you explore options available to you.

Don’t let the fear of losing your hard-earned income overwhelm you. With our deep knowledge of wage garnishment laws and the unique challenges of the San Jose area, we are committed to helping you protect your wages. Contact us today to learn how we can assist you in stopping wage garnishment and pursuing a brighter financial future.

If your wages are being garnished, contact us now to talk to a skilled wage garnishment attorney in San Jose who can tell you exactly how the bankruptcy laws can benefit you. We serve those living in Northern California, including Oakland, San Jose, and Salinas.