Wage Garnishment Attorney in Los Angeles
Jeff Hagen Has Practiced Bankruptcy Law Exclusively Since 1990. Every Los Angeles Case Is His.
When a creditor starts taking money from your paycheck, you need options fast. We help Los Angeles residents understand exactly what they can do, starting with a no-charge consultation where Jeff Hagen personally reviews your income, debts, and assets before recommending anything. Jeff has practiced exclusively in bankruptcy law since 1990, holds dual certification from the State Bar of California and the American Bankruptcy Board of Certification since 1994, and is also a CPA, which means his financial analysis goes deeper than what most attorneys can offer on their own.
We evaluate both bankruptcy and non-bankruptcy paths. If bankruptcy isn’t the right fit for your situation, Jeff can tell you directly and explain what other options may work instead. Every Los Angeles case we take is handled personally by Jeff Hagen from the first call through final resolution.
If a garnishment is already in progress, acting quickly can limit how many paychecks are affected. Call us at (818) 217-8781 to schedule your free consultation by phone, Zoom, email, fax, or mail.
Why Los Angeles Residents Trust Hagen & Hagen with Wage Garnishment Cases
Jeff Hagen knows the judges, bankruptcy trustees, and creditor-side attorneys who operate in the Los Angeles area through the Central District of California bankruptcy court. That familiarity shapes how we prepare each case and what issues we flag before they become problems.
Our process is thorough by design. Jeff won’t recommend a strategy until he understands the full picture: your income, your expenses, your assets, and every debt involved. That same thoroughness carries into our pricing. The quote you receive at your consultation covers all costs. You won’t be billed separately for routine questions as your case moves forward, and you’ll work directly with Jeff at every stage, not with support staff or rotating associates.
How Wage Garnishment Works Under California Law
Wage garnishment is a legal process in which a court issues an Earnings Withholding Order directing your employer to withhold a portion of each paycheck and send it directly to a creditor. For most consumer debts, a creditor must first file a lawsuit, obtain a court judgment against you, and then apply for the order before any withholding begins. Not every debt follows that path. Federal and state tax debts, child support enforcement orders, and defaulted federal student loans can trigger garnishment without a prior court judgment.
California law caps how much a creditor can take. Under California Code of Civil Procedure § 706.050, the limit is the lesser of 25% of your disposable earnings for the workweek or 50% of the amount by which your weekly disposable earnings exceed 40 times the applicable minimum wage. Disposable earnings are what remains after required deductions like federal and state income taxes, Social Security, and Medicare are withheld. In Los Angeles, the local minimum wage applies when it exceeds the state rate, which can lower the amount creditors are permitted to take compared to what they could collect elsewhere in California. California law also prohibits an employer from terminating an employee solely because of a single garnishment order.
How Filing for Bankruptcy Stops Wage Garnishment in Los Angeles
Filing for bankruptcy triggers an automatic stay, a federal legal protection that immediately halts most collection activity, including wage garnishment, creditor harassment, repossession, and foreclosure. The stay takes effect the moment the bankruptcy petition is filed, which means garnishments that are in progress stop.
Under Chapter 7, the automatic stay stops garnishments for most unsecured debts, though it doesn’t apply to child support or alimony obligations. Chapter 13 allows past-due domestic support arrears to be addressed through your repayment plan. Ongoing wage withholding for current child support or alimony may continue under federal bankruptcy law, but Chapter 13 halts other creditor collection actions while giving you a structured path to catch up on arrears. If your bankruptcy petition is filed before withheld wages have been forwarded to the creditor, it may be possible to recover those funds.
Options Beyond Bankruptcy for Los Angeles Residents
Bankruptcy isn’t the only way to address a garnishment. Los Angeles residents have several options depending on when they act and the nature of the underlying debt.
Claim of Exemption
You can file a Claim of Exemption with the levying officer to argue that the garnishment causes undue financial hardship or that the wages are needed for basic living expenses. California’s form WG-006 initiates this process. Given the cost of living in Los Angeles, hardship exemption claims may be available even for workers earning above-average income. If the creditor doesn’t oppose the claim within 10 days, it’s granted and withholding stops or is reduced.
Vacating a Default Judgment
If you weren’t properly served in the underlying collection lawsuit, you may be able to file a motion to vacate the default judgment. Removing the judgment can eliminate the legal foundation for the garnishment order.
Responding Before Judgment
Addressing a debt collection lawsuit before a judgment is entered gives you the opportunity to raise defenses, negotiate a settlement, or arrange a payment plan, which may prevent garnishment from starting. Creditors are sometimes willing to settle for less than the full amount owed or agree to structured payments outside of court.
Our FAQ
How Can We Help You?
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Does my spouse have to file bankruptcy with me?
No. One spouse may file without the other. However, because California is a community property state, all marital community assets and all income earned by both spouses must be disclosed.
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Do you offer payment plans for your fees?
Yes and no. For Chapter 7 cases, you may pay in increments, but fees must be paid in full before we file your case with the Court. In most Chapter 13 cases, only a portion of the fee is due before filing; the remaining balance is paid through your Chapter 13 payment plan via the bankruptcy trustee.
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How much do you charge for a bankruptcy?
It depends on which chapter is most appropriate for your situation and on the complexity of your case. The simpler your case, the less I charge. At the end of your no-charge initial consultation, I’ll provide a firm written quote for my services.
