[CA] What are my options to fight against wage garnishment for medical debt?
Medical debt and garnishment.
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If you were served and did not assert any defenses, then the creditor could legally seek a judgment. Once that judgment was entered and not appealed, the creditor can pursue collection efforts — including wage garnishment.
To stop the garnishment, your main legal option would be to file for bankruptcy, which would immediately halt all collection actions through an automatic stay and potentially discharge the debt.
Your other options are:
- Appeal – If there were procedural issues or lack of proper notice, though this is only possible within limited timeframes.
- Negotiate – Contact the law firm to propose a settlement or payment plan. If you reach an agreement and keep up with payments, they can pause or lift the garnishment.
- File for Bankruptcy Protection – If negotiations fail or the debt burden is too high, bankruptcy remains the most comprehensive relief option.
If you can negotiate a voluntary payment plan directly with the firm, that’s the best way to avoid ongoing garnishment and maintain your professional standing with your new employer.
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Medical debt and garnishment.
Lexi, Chatbot
I’m sorry to hear about your medical debt and garnishment. Have you received any legal notices regarding the garnishment?
Yes.
Lexi, Chatbot
Are you looking for advice on how to stop the garnishment or negotiate with the creditor regarding the medical debt?
Yes, but the creditor is now a law firm.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your garnishment issue.
Yes.
Lori
Hey there! Welcome to AskALawyer. I’m Lori, an attorney with many years of experience, and I’m here to help you with your debt and garnishment concerns.
What city/state are you located in?
Has a lawsuit been filed on the medical debt?
Have you had any communication with the law firm about your situation, and if so, what was discussed?
I live in Wisconsin.
Apparently there was a judgment in May 2023 in the amount of $52,509 for an accident I had in 2018 (I had started my own construction company, fell through a ceiling, broke my arm, had insurance but they didn’t cover anything).
I tried to make payments to the law firm years ago but eventually couldn’t afford it. I just recently received notice that they are garnishing my wages now. I asked them to hold off on the garnishments until next pay period so I could put a plan together — which they did.
I mainly want to keep the payments out of garnishment status if possible. I recently started with a new company and have a high-up position, so a garnishment doesn’t look good.
Lori
Thanks for the info. Were you served with the lawsuit? Did you defend the suit?
I was served initially (around 2020). I contacted the firm and asked if I could just make payments in lieu of court, and they agreed — which I did until I couldn’t afford it anymore. Then I didn’t hear anything after that (maybe I missed a communication in the mail).
I did receive a check for about $178 from a class action lawsuit against the insurance company I had, so I was kind of hoping the debt might have gone away or been written off.
Lori
If you were served and did not assert any defenses, then the creditor could legally seek a judgment. Once that judgment was entered and not appealed, the creditor can pursue collection efforts — including wage garnishment.
To stop the garnishment, your main legal option would be to file for bankruptcy, which would immediately halt all collection actions through an automatic stay and potentially discharge the debt.
Your other options are:
- Appeal – If there were procedural issues or lack of proper notice, though this is only possible within limited timeframes.
- Negotiate – Contact the law firm to propose a settlement or payment plan. If you reach an agreement and keep up with payments, they can pause or lift the garnishment.
- File for Bankruptcy Protection – If negotiations fail or the debt burden is too high, bankruptcy remains the most comprehensive relief option.
If you can negotiate a voluntary payment plan directly with the firm, that’s the best way to avoid ongoing garnishment and maintain your professional standing with your new employer.
Ok, thank you.
Lori
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