If you owe money to a creditor, and they obtain a court judgment against you, the creditor may collect by taking a portion of your paycheck until the debt is paid in full. This is called a wage garnishment.

This process starts when a creditor receives a judgment for payment. The creditor then delivers a copy of the judgment to the sheriff or marshal, and they deliver it to your employer. At this point, your employer must immediately notify you of the garnishment, begin withholding a portion of your paycheck, and give you information on how you can protest the garnishment.

In California, your employer may charge you $1.50 per paycheck for processing the wage garnishment. An employer, however, is also liable for any amount of child support payments that are not withheld or not forwarded with interest.

As an employee in California, you have the right not to be fired or discriminated against for being threatened with a wage garnishment. Under the Consumer Credit Protection Act, you are protected from having creditors take more than 25 percent of your net earnings through wage garnishment. If you believe that you have been treated unlawfully in relation to your rights and wage garnishments, please contact Law Offices of David H. Greenberg. We can help you determine if you have an employment claim. Call us at (1-888-204-1014) for a free consultation or visit us at www.discriminationattorney.com.