Alameda Wage Garnishment Lawyers
Do not wait another day to stop garnishment of your income. Filing bankruptcy will discontinue garnishment and discharge your debts once and for all. Our Alameda wage garnishment lawyers have filed hundreds of bankruptcy cases for residents of the Bay Area. Schedule a FREE PHONE CONSULTATION or FREE OFFICE CONSULTATION and find out if bankruptcy is right for you. 1-877-963-9543
Wage garnishment is the legal process of enforcing a judgment entered against you. A creditor or yours first sued you. Hopefully you were personally served with the complaint and summons filed against you. If not, then the judgment obtained against could be vacated. Next, you could have filed an answer to the complaint denying any and all allegations. If not, then the creditor will seek entry of judgment by default and the court clerk. Once the creditor has a judgment they may now enforce that judgment by garnishing your wages.
To garnish your wages the judgment creditor will obtain an abstract of judgment from the court and then a writ of execution. The writ of execution is the court authorization to enforce the judgment. An earnings withholding order will be served by a registered process server or the levying officer. The levying officer should be the civil division of the sheriff’s department in the county you work. Some civil divisions are no longer serving the earning withholdings order so you will have to pay a registered process server to serve your payroll department. The registered process server must still open an account with the sheriff’s department though.
Once each one these steps has been completed then your wages can be garnished up to 25% of your net income. See Maximum Wage Garnishment for more information. You will basically have 10-days to file bankruptcy to stop the garnishment of your wages and get back any wages that were already garnished.
With offices in Fremont, Oakland, San Jose, Redwood City and San Francisco we represent clients throughout the Bay Area including Contra Costa County, Albany, Berkeley, Dublin, Emeryville, Hayward, Livermore, Newark, Piedmont, Pleasanton, San Leandro and Union City.
By
Ryan
C. Wood