Q: How do I stop a wage garnishment that was recently filed with my employer by a law firm?
I spoke with the Court and they told me I could file paperwork with the Sheriff Dept. to stop the garnishment, but I had to wait for the lawyer to file a Writ before they could do anything. They will be taking 25% of my check in which I can't afford. How do I proceed at this point?
A: Only two people can stop or modify the wage garnishment: the lawyer/creditor who put into place (by reaching an agreement with them) or by the judge. To get the judge to hear your case, you must file a claim of exemption. There are many pitfalls and it is always best to hire a lawyer experienced in post judgment enforcement actions like the one against you.
Go to the Court website, there should be a link to "Forms" and go to "Judicial Council Forms". Look for the "enforcement of Judgment" forms to find forms for a claim of exemption. Fill these out with assistance from an attorney as suggested by Mr. Fitzgerald, and file with the Court. If you cannot afford an attorney you might consult a paralegal service but they are not supposed to give you legal advice.
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A: a wage garnishment means there is already a judgment against you. that means it will be difficult, but not impossible, to negotiate the debt. you could see if you qualify for an exemption or a bankruptcy to avoid the debt. it's important you speak to a lawyer right away to go into details and your options.
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