Can a California EDD garnishment be stopped? In many cases YES, and sometimes get the EDD garnishment back!
California EDD was garnishing wages for a prior overpayment in one of my recent cases. Not only was I able to stop the garnishment with Chapter 7, I was able to get the EDD garnishment back for the client.
The process went like this:
- The client was served with an Earnings Withholding Order, and EDD began taking 25% of her paycheck for an alleged overpayment. She could not afford this, so we filed Chapter 7 for her, and stopped the garnishment. The Debt was Discharged in July, 2013.
- As part of the case, my office then filed a lawsuit against EDD demanding they return the $830.76. The California Employment Development Department apparently chose to ignore the lawsuit, and a Default Judgment was entered against them on November 27, 2013. (Click here: (EDD Judgment Signed) to see a copy of the Judgment. I removed the client’s name for privacy purposes.)
- I then had the Court issue a Writ, and had the U.S. Marshal serve the Fresno County Sheriff to intercept against funds being garnished for EDD to pay the Judgment. We were able to get the EDD garnishment back, plus costs last week.
- For some reason many bankruptcy attorneys stop at just filing the case. I guess their clients are simply happy just to get the EDD garnishment stopped. However, here at the Law Office of Timothy C. Springer, if the facts warrant it, we don’t stop there. If it is possible to get money back, we go after it. Our goal is to make sure you come out the best you possibly can.
For other examples of garnishments recovered by Attorney Timothy Springer, Click Here. You should consider Timothy Springer as YOUR Fresno Bankruptcy Attorney.
If creditors are after you, and garnishing your wages, call The Law Office of Timothy Springer today so we can explore your options to get your hard earned money back.
Timothy C. Springer, Attorney at Law