Maximum Garnishment
Bankruptcy will stop garnishment of your wages and discharge your debts once and for all. If your payroll department has been served with an earnings withholding order it is only a matter of time before your wages will be garnished. Schedule a FREE PHONE CONSULTATION or FREE OFFICE CONSULTATION and find out if bankruptcy is right for you. 1-877-963-9543
The maximum wage garnishment is governed by United States Code Title 15 §1673(a). A creditor may garnish no more that 25% of your wages each pay period. There are exceptions though. It the garnishment is for federal or state taxes, spousal or child support, or a higher amount is ordered by any court of the United States which has jurisdiction under chapter 13 of title 11, the amount garnished can be more than 25% of your disposable income each pay period.
The amount deducted from your earnings each pay period is deducted after taxes and other deductions. This makes wage garnishment especially painful financially. If the amount were deducted pre-tax and other deductions it would be less.
Once your employer’s payroll department receives service of the earnings withholding order and writ of garnishment there is a 10-day grace period before your employer must start to garnish your wages. See California Wage Garnishment Procedure for more information. Your employer’s payroll department has strict guidelines and time limits for completing forms and sending them to the levying officer, usually the civil division of the sheriff department for the county you work in.
With the earnings withholding order there will be information about how to claim exemptions. See Claim of Exemption Wage Garnishment for more information about claiming certain exemptions to reduce the amount that your wages can be garnished.
Each state has different laws governing wage garnishment. In California the primary laws are under California Code – Title 9: Enforcement of Judgments §§680.010 – 724.260. See California Wage Garnishment Laws for more detailed information.
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