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Wage Garnishment

Orange County Wage Garnishment Lawyer

Wage Garnishment as a Judgment Collection Tool

collection-attorney-officeWage garnishment is the most commonly used judgment collection tool.  It allows the judgment creditor to take a percentage of the debtor’s earnings.  If the judgment debtor is a salaried employee, the creditor should immediately complete California’s wage garnishment procedures.

 

Need Help Implementing a Wage Garnishment in California?

In the majority of cases we can quickly implement a wage garnishment to begin collection of your judgment.  Please contact us at (949) 203-3870 to begin the process.

The Wallin Firm focuses on collecting large debts from debtors throughout California.  We understand that collecting is extremely important to our clients, and we take our responsibility very seriously.  Please contact The Wallin Firm at (949) 203-3870 for a complimentary analysis of your judgment and collection options.

 

How to Collect Commercial Debts via Wage Garnishments

  1. To begin the garnishment, the creditor must first obtain a Writ of Execution.  See CCP § 706.102(a).
  2. Next, the creditor must deliver the Writ of Execution and an Application for Earnings Withholding Order to the sheriff’s department for the county in which the debtor works.
  3. The sheriff will then serve an Earnings Withholding Order on the debtor’s employer.  See CCP § 706.102(a).  The Earnings Withholding Order instructs the employer to withhold 25% of the debtor’s net earnings.  See CCP § 706.050.
  4. After a ten day waiting period, the employer will begin withdrawing funds from the debtor’s paychecks and delivering the funds to the sheriff.  The sheriff will then deliver the funds to the creditor.
  5. Unless the debtor takes action, the employer will continue to withhold 25% of the debtor’s earnings until the creditor is paid in full or 10 years pass, whichever occurs earlier.  See CCP § 706.022(b), 15 U.S.C. § 1673(a).
  6. After the debtor is notified of the Earnings Withholding Order, the debtor has the opportunity to file a Claim of Exemption, which is a request to reduce the garnishment to less than 25% of the debtor’s net pay.  The request is made on grounds that the debtor needs some or all of the 25% to support himself and his family.  If the debtor files a Claim of Exemption, the judgment creditor is permitted to oppose the debtor’s Claim of Exemption and appear at a hearing at which the judge will determine the appropriate withholding amount.

 

Identifying the Debtor’s Employer for Wage Garnishment Purposes

Wage garnishments can be implemented quickly, if the creditor knows where the debtor works.  To learn of the debtor’s employment, creditors should first look to any credit applications or other documents previously submitted by the debtor to the creditor, as these may identify the debtor’s employer.  Private investigators can be used in more difficult cases.  Certain law firms (including ours) contract with excellent private investigators at much-reduced rates.  We can often identify the debtor’s employer within a matter of days.

 

Contact The Wallin Firm Today for a Judgment Review

If you would like to implement a wage garnishment to collect your judgment, please contact us at (949) 203-3870.

 

References & Helpful Links:

http://www.courts.ca.gov/documents/ej130.pdf  (Writ of Execution)

http://www.courts.ca.gov/documents/wg001.pdf  (Application for Earnings Withholding Order)

http://codes.lp.findlaw.com/cacode/CCP/3/2/9/d2/5/5/s706.102

http://codes.lp.findlaw.com/cacode/CCP/3/2/9/d2/5/3/s706.050

http://www.law.cornell.edu/uscode/text/15/1673