You went through the entire legal process and won. A judge or jury has awarded you a money judgment for the injuries you suffered in an accident. But there’s a huge problem: the person who owes you the money—the defendant—won’t pay.
When this happens, the legal system provides a powerful tool to collect what you are owed: wage garnishment.
While it can be an effective collection method, it is also a complex, slow, and often frustrating process that should be considered a last resort. This guide will walk you through what wage garnishment is, the steps involved, and the better strategy a skilled personal injury attorney uses to avoid this process altogether.
What is Wage Garnishment in California?
Wage garnishment is a legal order from a court to a debtor’s employer. It requires the employer to withhold a certain amount of money from the employee’s paycheck and send it directly to you (the creditor) until the judgment is paid in full. To initiate this, you must have already won a court judgment stating you are owed money.
The Wage Garnishment Roadmap (Simplified)
The process of garnishing someone’s wages is technical and requires strict adherence to legal procedure. Here is a simplified overview of the steps:
- Win a Money Judgment: You must first file a lawsuit and have a court rule in your favor, awarding you a specific amount of damages.
- Obtain a Writ of Execution: After you win, you must ask the court to issue a “Writ of Execution.” This is the court order that allows you to begin collecting on the judgment.
- File an Application for Earnings Withholding Order: You or your attorney will file an application (Judicial Council Form WG-001) with the county sheriff or a registered process server to create the wage garnishment order.
- The Employer is Served: The sheriff or process server formally serves the “Earnings Withholding Order” on the debtor’s employer.
- Receive Payments: The employer will begin withholding a portion of the debtor’s wages and send the funds to the sheriff’s department, who then disburses them to you.
How Much Can Be Garnished? (The 2025 California Rules)
This is a slow process. Under California law, the amount that can be garnished from a debtor’s paycheck is the lesser of two amounts:
- 20% of the employee’s disposable earnings for that week; or
- 40% of the amount by which the disposable earnings for that week exceed the applicable minimum wage.
This means you will likely be paid back in small increments over a very long period, potentially years.
Can My Personal Injury Settlement Be Garnished?
This is the #1 question many accident victims have. The original article discusses how you can garnish someone’s wages, but you may be wondering if the funds you receive in a settlement can be taken by your creditors.
The answer is yes, sometimes. A personal injury settlement is not automatically protected. If you have outstanding debts—such as for child support, alimony, or certain government liens—your settlement funds can be garnished to pay those debts. A skilled attorney can help navigate these issues to protect as much of your settlement as possible.
The Better Strategy: Finding Insurance Coverage First
The truth is that wage garnishment is a difficult and inefficient way to get paid. The debtor could quit their job, get fired, or declare bankruptcy, which can stop the garnishment process entirely.
A far better strategy is to avoid this process altogether.
The most skilled personal injury lawyers focus their efforts on finding all available insurance coverage at the very beginning of a case. The goal is to secure a settlement from a reliable insurance company, not to be left chasing payments from an individual years after winning a judgment.
Success Story: The Power of Finding “Hidden” Insurance
Finding all possible sources of recovery is a critical skill that protects our clients from the headache of post-judgment collections. We represented a passenger injured in a rideshare accident where the at-fault driver had a minimal insurance policy. Instead of settling for that small amount and leaving our client undercompensated, our team immediately investigated other avenues. We successfully opened a claim with Uber’s much larger underinsured motorist (UIM) policy, ultimately securing a $285,000 settlement for our client. This is the ideal outcome: finding the insurance so you never have to worry about the defendant’s personal assets or wages.
Is Your Case More Complex Than You Think?
If you’re facing a situation where the at-fault party’s insurance seems too low, there may be other options you haven’t considered. Our free and confidential “Do I Have a Case?” tool can help you get a foundational assessment.
Do I Have a Personal Injury Case?
What Our Clients Say
“While riding my bike in Golden Gate Park I was struck by a car that did an illegal maneuver and ran directly into me, resulting in a great deal of injury. The driver’s insurance company (AAA), which also happened to be my insurance company, wrote a letter to me declaring that the driver was not at fault and that nothing was going to be paid out toward my medical bills. I was furious, and it drove me to the decision to retain an attorney – something that I had never done before in my life.
After doing much research and reading many reviews, I elected to go with Sally Morin. She and her team were absolutely fabulous to work with throughout the entire process. Rebecca was my day to day contact, and she was superb in her follow up to any questions that I had, and pretty much hand held me through each step of the entire process.
In the end, Rebecca negotiated a settlement for me that exceeded my expectations and that will help me pay off all past debt related to my expensive medical procedures, as well as extra to pay for future expenses and procedures related to the accident.
If you’re someone who is considering an attorney for a personal accident, I highly recommend Sally Morin and her professional staff of attorneys. If you would like to know more details, feel free to contact me via Yelp and I would be happy to share more details. While I use Yelp quite often, I rarely post reviews… unless I’m truly blown away by great service (or angry with horrible service). If there were a sixth star, I would certainly give it to Rebecca and Sally!” – W.W, Yelp
Read W. W.'s review of Sally Morin Personal Injury Lawyers on Yelp
Frequently Asked Questions About Wage Garnishment
The Goal: A Reliable Settlement, Not a Difficult Collection
At Sally Morin Personal Injury Lawyers, our focus is on smart, strategic representation from day one. We conduct deep investigations to identify all potential sources of insurance recovery to ensure you receive your compensation from a reliable insurer, not from a long, drawn-out wage garnishment.
If you have been seriously injured and are worried about the at-fault party’s ability to pay, contact us for a free case evaluation. Let’s discuss the best strategy for your case. Call 877-380-8852 or get in touch online today.
