Can my wages be garnished if I am self employed?

Asked almost 3 years ago - 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. Robert Harlan Stempler

    Contributor Level 19


    Lawyers agree

    Answered . 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)

    NOTICE: The above statements are provided for general information purposes only and are not intended as legal... more
  2. Kevin Samuel Sullivan


    Contributor Level 20

    Answered . 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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