Stop wage garnishment · Beverly Hills
Stop Wage Garnishment in Beverly Hills With an Emergency Filing
To stop wage garnishment in Beverly Hills, a bankruptcy filing orders the creditor to stop taking your paycheck the day the case is filed. If money is already coming out of your pay, call (310) 362-9071 today. We can prepare an emergency filing before your next payday.
- Filing stops most garnishments right away
- Recent garnished wages can sometimes be recovered
- Emergency filings available
- Flat fees from $1,200 plus the filing fee
- Free consultation in person or by video
Signs you need to act now
- Your employer handed you an Earnings Withholding Order
- Your paycheck is already smaller because of a garnishment
- A creditor won a lawsuit against you, or you never answered one
- You received a notice from the sheriff or a levying officer
- The IRS, the Franchise Tax Board or a student loan servicer says it will garnish your wages
Most wage garnishments in California start after a creditor wins a court judgment. The creditor sends an earnings withholding order to your employer through a levying officer, and your employer must take part of each paycheck until the debt is paid. Tax agencies and federal student loan holders can garnish without a lawsuit.
How we stop a garnishment, step by step
- Call us with your notice. Tell us your next payday and send a copy of the withholding order if you have it.
- Free consultation. We review the debt, your income and your other debts, and decide between Chapter 7 and Chapter 13.
- Credit counseling. You take a short online course the same day or the next. It is required before filing.
- Emergency filing if needed. When payday is close, we file a short petition first. The rest of the paperwork follows within the court's deadline.
- Notice to employer and creditor. We send proof of the filing so payroll stops the deduction. If the creditor keeps collecting, we hold it to account.
- Recover recent wages. When the rules allow, we seek return of wages garnished in the 90 days before filing.
Cost and timeline
Our flat fees start at $1,200 plus the court filing fee, with payment plans. The fee depends on whether you file Chapter 7 or Chapter 13 and how complex your case is. You get it in writing at the consultation.
The garnishment should stop as soon as the case is filed and your employer receives notice. Payroll departments sometimes need one pay cycle to update, so call early. The rest of the case follows the normal timeline for Chapter 7 or Chapter 13.
What to know about garnishments in Los Angeles County
In Los Angeles County, the levying officer that serves most earnings withholding orders is the Sheriff's civil division. Your bankruptcy is filed in the U.S. Bankruptcy Court, Central District of California, Los Angeles Division, at 255 East Temple Street. Once filed, we notify the levying officer, your employer and the creditor.
California also lets you file a claim of exemption with the levying officer to reduce a garnishment based on what your family needs to live. That can help when one debt is the only problem. When several debts are piling up, bankruptcy usually deals with all of them at once. We explain both options at the consultation.
A few garnishments are not stopped by bankruptcy. Child support and alimony withholding continue. Tax garnishments stop when you file, though the tax itself may or may not be discharged.
Mistakes to avoid
- Waiting for the garnishment to end. It keeps going until the judgment, interest and costs are paid.
- Quitting your job. A new employer can be served too, and you lose the income you need to recover.
- Ignoring a lawsuit. If you were sued and have not answered, call before a default judgment is entered.
- Making a deal for one debt and ignoring the rest. Another creditor often garnishes next.
Related services
A garnishment often comes with other collection steps. Learn how to stop a bank levy in Beverly Hills and how to stop creditor lawsuits before they turn into judgments. See all the ways our bankruptcy service in Beverly Hills stops collection.
More on lawsuits and collections
Wage garnishment questions
How fast does bankruptcy stop a wage garnishment?
Bankruptcy stops a wage garnishment as soon as the case is filed. Your employer needs proof of the filing to stop the deduction, so we send it right away. If payroll has already run, the deduction may show on one more check.
Can I get back the money that was already garnished?
Sometimes you can get back garnished wages. If more than $600 was taken in the 90 days before filing, it may be recoverable, depending on your exemptions. We check this when we prepare your case.
Will my employer find out I filed bankruptcy?
Your employer already knows about the garnishment, and it will receive notice that the garnishment must stop. California and federal law prohibit firing someone only because they filed bankruptcy.
Does bankruptcy stop child support garnishment?
No, bankruptcy does not stop child support or alimony withholding. Those payments continue, and back support cannot be discharged. Chapter 13 can still help organize other debts around them.
Can bankruptcy stop an IRS or FTB wage garnishment?
Yes, filing bankruptcy stops an IRS or Franchise Tax Board wage garnishment while the case is open. Whether the tax itself is wiped out depends on its age and filing history. We review your tax records at the consultation.
Free consultation
Stop the garnishment before your next payday
Call (310) 362-9071 or send the form with your next payday. We will tell you if an emergency filing makes sense.
Law Offices of John Asuncion9454 Wilshire Blvd., Penthouse Floor
Beverly Hills, CA 90212
(310) 362-9071
Monday to Friday, 9 a.m. to 6 p.m.