Bankruptcy Attorney in Irwindale, CA

Fast Debt Relief Solutions. Irwindale is a small city with a large workforce. Thousands of people commute in every day to its plants, warehouses and distribution centers, and many of the Irwindale workers we hear from have the same worry: a wage garnishment order has reached their employer. Whether you live in Irwindale or work there, Hedtke Law Group can explain how Chapter 7 or Chapter 13 bankruptcy stops the garnishment and what it means for your job.

Call Now: (626) 593-1558 Free Consultation

Attorney Neil R. Hedtke · State Bar of California #273319 · about 3,000 bankruptcy cases filed since 2010 · West Point graduate and U.S. Army veteran · 5-star rated on Google

How a wage garnishment reaches your paycheck

A creditor cannot garnish wages for a credit card or medical bill until it sues you and wins a judgment. It then obtains an earnings withholding order, which is served on your employer’s payroll department. From then on, a portion of each paycheck goes to the creditor until the judgment, interest and costs are paid.

California generally limits an ordinary garnishment to 20 percent of disposable earnings, or less for lower wages. Child support, tax and student loan garnishments follow different rules and can take more.

Will I lose my job?

This is usually the first question. Federal law prohibits an employer from firing you because your wages are being garnished for a single debt, and California law has a similar protection. Federal bankruptcy law also prohibits a private employer from firing you solely because you filed bankruptcy. Payroll will receive a notice to stop the garnishment after you file, but it does not need to know more than that.

Stopping the garnishment and getting relief

Filing bankruptcy triggers the automatic stay, which requires the creditor to stop the garnishment. In Chapter 7, the debt behind the judgment is usually discharged, so the garnishment does not come back. In Chapter 13, you pay an affordable amount through a court-approved plan instead. Money garnished in the 90 days before filing can sometimes be recovered, so bring your recent pay stubs.

Shift work and overtime make income uneven. The means test uses your average income over the six months before filing, so we review your pay stubs closely to decide the best time to file.

How the process works

Free consultation. Bring your last six months of pay stubs, the earnings withholding order, and any court papers.
We check the means test, look at how much has already been garnished, and recommend Chapter 7, Chapter 13, or another option.
You complete credit counseling, we file the case, and we send notice so payroll stops the garnishment.
You attend the meeting of creditors. In a typical Chapter 7 case the discharge follows a few months later.

Your attorney

Neil R. Hedtke graduated from the United States Military Academy at West Point in 1992, served five years as a U.S. Army Engineer Officer, and earned his law degree at the University of La Verne College of Law. He was admitted to the California bar in 2010 and has filed about 3,000 bankruptcy cases since. Read more about Mr. Hedtke or verify his license on the State Bar of California website.

If you work shifts, we can schedule the consultation by phone around your hours, including Saturday mornings.

Questions we hear from Irwindale residents

How fast does bankruptcy stop a wage garnishment?

The automatic stay takes effect the moment the case is filed. Payroll usually stops the garnishment once it receives notice of the filing, which may take one pay cycle.

Can my employer fire me for filing bankruptcy?

Federal law prohibits a private employer from firing you solely because you filed bankruptcy. Federal law also bars firing an employee because wages are garnished for a single debt, and California law gives similar protection.

Can I get garnished wages back?

Sometimes. Money garnished within 90 days before filing may be recoverable if it is protected by an exemption and the amount is large enough. We check this at the consultation.

I work in Irwindale but live elsewhere. Can you still help?

Yes. Bankruptcy is federal, and we help clients throughout the San Gabriel Valley, whether they live in Irwindale or commute there for work.

Getting to our office from Irwindale

From Irwindale, take the 210 Freeway west and exit at Santa Anita Avenue in Arcadia. The drive is usually about 10 to 15 minutes. The Metro A Line also runs from Irwindale Station to Arcadia Station, a short walk from the office.

Hedtke Law Group
255 E Santa Clara St, Suite 210, Arcadia, CA 91006
Phone: (626) 593-1558
Monday to Friday 9:00 a.m. to 5:00 p.m., Saturday 10:00 a.m. to 1:00 p.m.
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Related help

We also serve nearby Duarte and Azusa. Read how bankruptcy stops creditor calls, or start with our main bankruptcy options page.