Garden Grove, CA asked in Contracts, Collections and Landlord - Tenant for California

Q: What should I do?

I was just informed last week that a sheriff came by that a collector was going to start garnishing my paychecks next week. It is for an apartment that I did not co sign for. I have all the paperwork and I have no signatures or my name anywhere on it. I consigned for a the first lease, but on the second lease I did not. I don't understand how they are garnishing me when the copy of the contract for that apartment they gave me doesn't have my name or signature anywhere on it. I don't know what to do.

1 Lawyer Answer
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Landlord Tenant Lawyer
  • Mill Valley, CA
  • Licensed in California

A: In order for your paycheck to be garnished, there must be a court judgement. You should have been served court papers. If you were, but failed to respond, there may be a default judgement against you. There are some ways you may have been legally served, but didn't actually get the papers. First thing, you must find the court case; it may not be too late to have the default vacated. Do not wait.

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