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California Wage Garnishments
If you're having trouble trying to collect on an outstanding debt that is owed to you or your company, let the experts at The Legal Process help you. We offer several debt collection packages designed to assist our clients in getting the money they're due. If your debtor lives in California and has a job, we may even be able to help you garnish their wages or levy a bank account.
In the State of California, you can garnish the defendant's wages up to 25 percent of your debtor's paycheck. Although a wage garnishment is a relatively straightforward process, it does require post judgment research and due diligence before it is sent out to the employer. To institute the wage garnishment process, you must first fill out several legal forms and submit them to the court to be issued. Then you would submit the filed documents to the sheriff's office with the appropriate fees, in the county where the Earnings Withholding Order will be served.
In order to properly complete the Application for Earnings Withholding Order, you'll need the name and address of your debtor's employer. If you don't have that information, don't worry. We have people on staff that can help you find it.
Once the sheriff receives your completed application, you must serve the employer with the Earnings Withholding Order. When the employer receives the order, they are obligated to comply within 30 days. That is unless the debtor qualifies for certain exemptions.
If the debtor is considered a low income earner and already has to pay child or spousal support, his or her wages may not qualify for a wage garnishment. The same is true if the debtor decides to file bankruptcy. To learn about all the intricacies of garnishing wages in California, give one of our staff members a call and we'll lead you through the process.
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