108. How To Stop Your EDD Wage Garnishment

Were your wages garnished by the Employment Development Department (EDD)? If so, there are things you should know. The EDD is not like debt-buyers that require a lawsuit to withhold your money. The EDD is able to withhold money owed to you by the state to repay a debt. Since there is never a good time for a wage garnishment, you probably want to act quickly.

How Much of My Money Will be Withheld?

You should be aware that there are limits on garnishments. Generally, the amount garnished is about 25% of your take home pay. This will continue until the amount due has been repaid. However, if you do not earn much, California law can help you protect even more. 

Can I Be Fired For a Wage Garnishment?

The good news is that you cannot be fired for receiving an earnings withholding order, unless your earnings have been withheld for a different court judgment. If this is the first time your wages have been withheld and you are fired, you can get help from the California Labor Commissioner in getting your job back.

What Can I Do?

  1. See an attorney: You want someone in your corner that can verify that the EDD’s assessment is correct. An attorney can even help you through the repayment process or file for bankruptcy. This is especially helpful if you have additional debts.
  2. Work out an agreement: You can speak with the EDD and work out an installment agreement or an Offer in Compromise
  3. Ask for an exemption: This is an option if you need your earnings to support yourself or your family. However, you will be unable to get an exemption if
    • You use some of your paycheck for luxuries and are not needed for support.
    • The money owed is for food, clothing, housing, or medical care.
    • The debt owed is for past due child support or spousal support.
    • The debt owed is to a former employee for wages.

Want More Information?

Before you take any action, be sure that you are informed. At the Law Office of Daniela Romero, we believe in relationships that are based on trust. Before we work together, we would like you to get to know us. This is to make sure you are the right fit for us and that we are the perfect fit for you, so that you can be completely comfortable sharing even the most intimate and difficult details of your case with us so we can offer you representation to the fullest extent of the law. Call us for a free consultation to find out the options that will work best for you.

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Daniela Romero

Daniela Romero has been practicing law in the Los Angeles area since 1998. Ms. Romero has practiced in the areas of civil litigation, family law and bankruptcy law. She was also the staff attorney for the Los Angeles County Bar Association’s Domestic Violence Project. MORE

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