Stockton, CA asked in Collections for California

Q: I live in California and was just notified from my employer about wage garnishment what do I do ?

My employer just emailed me today notifying me about wage garnishment. First off, the debt is mine no objection to that . But To my knowledge I was never served or had any recollection that they were pursuing me this hard. What should I do ?

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2 Lawyer Answers
Yelena Gurevich
Yelena Gurevich
Answered
  • Collections Lawyer
  • Studio City, CA
  • Licensed in California

A: your options are 1) pay the debt, either work out a direct payment or let them garnish you, or 2) file bankruptcy and eliminate the debt if you qualify.

Gregory Mark Fitzgerald
Gregory Mark Fitzgerald
Answered
  • Collections Lawyer
  • Santa Ana, CA
  • Licensed in California

A: You have 3 options in order to resolve the judgment: 1) file a Motion to Set it Aside (Vacate) based upon improper service of the original summons and complaint in the case; or 2) Settle it; or 3) file bankruptcy if desired and you qualify. As to the garnishment, you can file a Claim of Exemption (your employer should have given you the forms for this as well) to ask the court to reduce or even eliminate the garnishment. Your success on any of these will depend on many factors.

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