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Can my wages be garnished if I am self employed?

Pasadena, CA |

I have a judgment against me from 2008. I just received a WG-002 to garnish my wages, but I am self employed!

I am not regularly paid since I can only take a paycheck when my business is doing well, and the way the economy is, I have only gotten paid a couple of times in the last few months. What can I do when I am the Employer and the Employee?

Attorney Answers 2


  1. I have a legal guide on Avvo about wage garnishment that some have found helpful in reducing the amount to make it fair and bearable, which has several tips and useful links. When you fill out the WG-005 "Employer's Return" (it's at the links at the end of my legal guide, below) it should be clear from your posting that there is nothing to withhold, as you are not an employee. Wage garnishment is only for an employer to withhold from the employee's wages, similar to tax withholdings. Since you are not paying yourself a paycheck (from your posting) you are not the employer paying wages. If the legal guide is useful at all to you, please mark it thumb up.

    Robert Stempler (please see DISCLAIMER below)
    www.StopCollectionLawsuits.com

    NOTICE: The above statements are provided for general information purposes only and are not intended as legal advice or advice of any sort for a specific case or legal matter. If you do not have a signed attorney-client fee agreement with the Consumer Law Office of Robert Stempler, APLC ("the Firm"), then until such written fee agreement is provided and signed by both a prospective client and attorney for a particular case, neither Mr. Stempler nor the Firm will represent you nor will they be your attorney in any matter and you remain responsible for retaining your own attorney and for compliance with any and all deadlines and for any statutes of limitations that may pertain to potential claims. Comments made on a public forum, such as Avvo.com, to not have any confidentiality because others may read them. If you desire a private consultation with Mr. Stempler that is confidential, please go to www.StopCollectionLawsuits.com and submit a free eCase Review.


  2. No. However, the creditor can do a third party turn over order and require your clients/customers to turn over money they owe you to the creditor in satisfaction of the debt.

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