Gardena, CA asked in Consumer Law for California

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?

Related Topics:
3 Lawyer Answers
Gregory Mark Fitzgerald
Gregory Mark Fitzgerald
Answered
  • Consumer Law Lawyer
  • Santa Ana, CA
  • Licensed in California

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.

Maurice Mandel II
Maurice Mandel II
Answered
  • Consumer Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: 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.

Justia Disclaimers below, incorporated herein.

Yelena Gurevich
Yelena Gurevich
Answered
  • Consumer Law Lawyer
  • Studio City, CA
  • Licensed in California

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.