Q: My employer received an EWO from a levying officer in February 2024. The notice says it's for a debt collection filed

A: It appears a judgment was entered against you. Review the court file and see how they claim you were served. Consider, immediately, filing a motion to set aside judgment.

A: I'm sorry this has happened to you. Debts get bought and sold all the time, so the original creditor's name might not be on the ewo. You can get a copy of the relevant legal documents from the court, particularly the proof of service and the complaint. The complaint will tell you who the original creditor is. In most cases, questions like yours turn out being from to be an old debt you ignored. If you have a legitimate defense, such as it is not your debt, a call to the plaintiff's lawyer should get it straightened out.

If this turns out to be yours, a motion to vacate the judgment is usually a waste of time because in most cases the best it may do is give you extra time to respond to the complaint - and then you have to figure out how to do that and maybe even go to trial. If it is your debt, you need to try and settle it, look into filing bankruptcy, or just let the garnishment play out.

A: In California, once a creditor obtains a judgment against a debtor, that creditor can seek to enforce the judgment through various means, including wage garnishment. An Earnings Withholding Order (EWO) is a legal document sent to an employer to withhold a portion of an employee's earnings for debt repayment. For a wage garnishment to occur, the creditor must first win a lawsuit against you, resulting in a judgment, and then obtain an EWO to collect the debt.

It's concerning that you haven't received any notices regarding the lawsuit or the judgment prior to the garnishment. California law requires that debtors be served with notice of the lawsuit (summons and complaint) and have the opportunity to defend themselves in court. If you were not properly served or were unaware of the legal proceedings, there might be grounds to challenge the garnishment.

If you find yourself in this situation, it's advisable to seek legal advice as soon as possible. An attorney can review the details of the garnishment, investigate whether proper legal procedures were followed, and potentially help you file a claim of exemption or a motion to vacate the judgment if there was improper service or another legal error. Taking action quickly is crucial to protect your rights and potentially stop or reduce the garnishment.