Rancho Santa Margarita, CA asked in Collections for California

Q: Do I have to be notified if my wages will be garnished from a Judgement from my credit card company?

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1 Lawyer Answer

A: Yes, but the form in which this notification happens might not be what you expected. You should be notified so that you can, at a minimum, oppose any garnishment. For example, if you have a lot of young children at home or are taking care of an elderly parent, the judge may consider this and order a smaller garnishment. If you are notified or a garnishment, this also gives you a chance to tell the court any errors that exist, such as you salary being listed incorrectly, etc.

However, a judgment does not magically appear out of thin air. It is the culmination of a possibly long court process where a lawsuit was filed, court hearings were had, etc. You hopefully had notice of this process and garnishment of wages might be just one part of the process. This is what happens if garnishment happens immediately. If the judgment sits for several years and is then enforced, more formal notice of the garnishment will likely be required.

Hope that helps.

Andy

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