Wage Garnishment Attorney in Cathedral City, California

If you're facing wage garnishment, you may feel overwhelmed and uncertain about your financial future. When creditors begin deducting money directly from your paycheck, it can quickly create hardship and make it difficult to cover basic living expenses.

If you're receiving less in each paycheck and struggling to keep up with your bills, it's time to consider your legal options.

Fortunately, bankruptcy offers legal protections and solutions that may stop wage garnishment and help you regain control over your finances. 

At the Law Office of Robert L. Firth, we can assess your situation, explain your rights under bankruptcy, and guide you through the process of halting garnishment and help you pursue long-term debt relief. 

If you're dealing with a court order or worried about potential wage deductions, we help California residents in Cathedral City, Palm Springs, Palm Desert, Desert Hot Springs, Rancho Mirage, and Coachella Valley find a path forward. Contact our attorney to schedule a consultation.

How Does Wage Garnishment Work in California?

Wage garnishment occurs when a court orders your employer to withhold a portion of your paycheck to pay off a debt, such as unpaid credit cards, medical bills, or back taxes. 

In California, creditors must typically obtain a legal judgment before garnishing your wages, but exceptions exist for certain debts like child support or student loans. According to the U.S. Department of Labor, wage garnishment can take up to 25% of your disposable earnings, depending on your income and the nature of the debt. 

Are There Limits on Wage Garnishment?

California follows federal guidelines for wage garnishment, but it also offers stronger protections in some cases. The amount that can be garnished from your paycheck is limited to the lesser of:

• 25% of your disposable earnings (what’s left after legally required deductions), or

• The amount by which your disposable earnings exceed 40 times the state minimum wage (which may change based on inflation and location)

By 2025, this threshold will protect most minimum wage workers, especially those with very low incomes, against wage garnishment.

California law allows certain exemptions if you can show that the garnishment would cause financial hardship—for example, preventing you from paying for basic living expenses like rent, food, or utilities. 

Our wage garnishment attorney can help you request a Claim of Exemption, which could reduce or stop the garnishment entirely.

What Is a Claim of Exemption?

A Claim of Exemption is a legal request filed by a debtor (the person whose wages or property are being garnished) asking the court to reduce or stop a wage garnishment because it causes financial hardship or because the money or property being taken is legally exempt from garnishment under California law.

Here's how the process works:

• File the claim: If you are notified that your wages or bank account may be garnished, you can file a Claim of Exemption form with the court. This form lets you explain why the funds in question should be protected. You can demonstrate that the money is necessary for essential living expenses, such as rent, groceries, and utilities, or that it consists of legally protected income, like Social Security or disability benefits. Additionally, you can argue that the garnishment is excessive given your income level and financial responsibilities.

• Wait for the creditor’s response: After you file the claim, the creditor can choose to oppose it. If opposed, the court will schedule a hearing, where you and the creditor can present your arguments. If the creditor doesn't object, the garnishment may be reduced or stopped automatically without a hearing.

• Court reviews and makes a decision: The judge will review your financial situation and determine whether to stop the garnishment entirely, reduce the amount being taken, or allow the garnishment to continue as ordered.

Certain types of income are protected by law and may not be garnished, including:

• Social Security or retirement benefits

• Public assistance (e.g., CalWORKs, Supplemental Security Income)

• Unemployment or state disability payments

• Funds needed to support dependents or maintain basic living standards

How Can Bankruptcy Stop Wage Garnishment?

One immediate benefit of filing for bankruptcy is the automatic stay, a legal order that halts most collection actions, including wage garnishment. Whether you file under Chapter 7 or Chapter 13, the stay goes into effect as soon as your case is filed, forcing creditors to stop deducting wages. 

In some cases, you may even be able to recover garnished wages taken shortly before your bankruptcy filing. Our wage garnishment attorney can help you determine whether you qualify for bankruptcy, which chapter is right for you, and how to use it strategically to stop garnishments and discharge eligible debts.

Types of Debt That Can Lead to Garnishment

Wage garnishment can stem from a variety of unpaid debts; understanding the type of debt involved is necessary to identify the best legal solution. Some common sources include:

• Credit card debt

• Medical bills

• Personal loans

• Back taxes

• Child support or alimony

• Federal student loans

While bankruptcy can eliminate many unsecured debts, such as credit cards and medical bills, other obligations, like child support or recent tax debt, may not be dischargeable. 

Our wage garnishment attorney can evaluate your debt portfolio and recommend whether bankruptcy or another legal remedy is most appropriate for your circumstances.

Is Chapter 7 or Chapter 13 Right for Me?

Both Chapter 7 and Chapter 13 bankruptcy can put an immediate stop to wage garnishment through the automatic stay, but they serve different purposes and are designed for different financial situations.

Chapter 7 Bankruptcy 

Chapter 7, also known as "liquidation bankruptcy," is the most common form of bankruptcy for individuals with limited income and few assets. It allows you to discharge most unsecured debts—like credit card balances, personal loans, and medical bills—typically within three to four months. 

While you may need to give up certain non-exempt property, California’s generous bankruptcy exemptions often allow filers to keep essentials like their home, car, and personal belongings.

Chapter 7 may be a good fit if you:

• Have little to no disposable income after covering basic expenses

• Are being garnished for credit card, medical, or payday loan debt

• Don’t own significant assets that could be at risk

• Need quick relief from overwhelming financial pressure

However, Chapter 7 can't help with certain debts, such as recent tax obligations, student loans (with rare exceptions), or child support arrears.

Chapter 13 Bankruptcy

Chapter 13, also called a “wage earner’s plan,” is a better option for individuals with regular income who want to protect valuable property or catch up on debts that can't be discharged outright. 

Instead of eliminating debt immediately, Chapter 13 consolidates your debts into a court-supervised repayment plan lasting three to five years. You can make monthly payments based on your income and expenses.

Chapter 13 may be right if you:

• Are behind on your mortgage or car payments, but want to keep the property

• Have non-dischargeable debts like tax arrears or child support

• Have been denied a Chapter 7 due to income limits (means test)

• Want to stop foreclosure or repossession while restructuring your finances

At the end of the repayment period, any remaining qualifying unsecured debt is typically discharged.

Does an Automatic Stay Really Provide Immediate Protection?

When you file for bankruptcy, the court issues an automatic stay, a powerful legal tool that stops most creditor actions immediately, including wage garnishment, foreclosure, and debt collection calls. 

This protection allows you to assess your finances without the pressure of losing part of your paycheck. The automatic stay remains in effect throughout your bankruptcy case unless a creditor obtains special court permission to resume collection. 

At the Law Office of Robert Firth, our wage garnishment attorney will help make sure the stay is enforced correctly and that any violations are addressed promptly.