Frequently Asked Questions

Wage Garnishment FAQ

What is wage garnishment, and why is my paycheck being reduced?

Wage garnishment occurs when a creditor obtains a court order allowing them to take a portion of your paycheck to satisfy a debt. This usually follows a lawsuit and judgment, but many people do not realize a case was filed until their wages are already being withheld. Common sources of garnishment include credit cards, personal loans, medical bills, and older judgments.

How much of my paycheck can legally be garnished in California?

California law limits how much can be taken from each paycheck. In most cases, garnishment is capped at the lesser of 25 percent of disposable earnings or the amount exceeding 40 times the state minimum wage. The exact amount depends on income, pay frequency, and the type of debt involved. Janus Law reviews pay stubs and court paperwork to determine whether a garnishment is lawful and correctly calculated.

Can wage garnishment be stopped once it has already started?

What if I was never served or did not know about the lawsuit?

Will stopping a wage garnishment affect my job or employer relationship?

Bankruptcy FAQ

Do I qualify for bankruptcy, or am I not “bad enough” financially yet?

Many people delay calling a bankruptcy attorney because they think they must be completely out of options first. In reality, bankruptcy eligibility depends on income, debt type, household size, and overall financial picture. Some people qualify well before missing payments, while others need to explore alternatives first. Janus Law evaluates eligibility based on facts, not assumptions, and explains whether bankruptcy makes sense now, later, or not at all.

Will I lose my house, car, or other property if I file bankruptcy?

What is the difference between Chapter 7 and Chapter 13 bankruptcy?

Chapter 7 is designed to eliminate qualifying unsecured debt, such as credit cards and medical bills, typically within a few months. Chapter 13 involves a court approved repayment plan spread over three to five years and is often used to catch up on mortgage arrears, stop foreclosure, or protect non exempt assets. Janus Law explains which chapter applies to your situation and why, instead of defaulting to one approach.

Will filing bankruptcy stop wage garnishments, lawsuits, and collection calls?

Yes. Once a bankruptcy case is filed, an automatic stay goes into effect. This federal protection stops most collection actions, including wage garnishments, bank levies, lawsuits, and creditor calls. Timing matters, especially if garnishments or court actions are already underway. Janus Law helps clients understand when filing provides immediate relief and when additional steps may be required.

How long does bankruptcy stay on my credit, and can I rebuild afterward?

A Chapter 7 bankruptcy typically appears on a credit report for up to ten years, while Chapter 13 may remain for up to seven years. That does not mean credit recovery takes that long. Many people begin rebuilding credit within months of discharge by using responsible post bankruptcy strategies. Janus Law explains what bankruptcy does to credit, what it does not do, and what realistic recovery looks like after the case is complete.