How to stop wages from being garnished after a writ of execution was filed without notice?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How to stop wages from being garnished after a writ of execution was filed without notice?
I would like to know how to stop wages from being garnished?
Asked on February 14, 2011 under Bankruptcy Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Your exact circumstances will lead to the decision you make on which avenue to pursue to stop the 25% wage garnishment. You claim here that you had not "notice." Does that mean that you were not served with any paperwork as to a judgement being sought against you? Then you may be able to vacate the default judgement bsed upon the lack of notice but an attorney may need to help you with that. Another option is to file a claim of exemption with the court to stop the wage garnishment if you cannot buy the most basic of living necessities after the 25% wage garnishment. You can find this form at your local courthouse or have an attorney help you out with this. When you go to court for this claim, make sure you have documented proof of your income and expenses to prove your claim of expemption. If you are considered low income it is possible to file for a reduction in the 25%. May I suggest some help with all of this from an attorney or debt counselor in your area. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.