Legal Question in Bankruptcy in California

The creditor can garnish 25% of your net wage. If you decided to file for bankruptcy, your wage cannot be garnished. If you filed for bankruptcy after they started garnishing your wages, you could recover any amount they took for the last 90 days. Assuming the creditor got a default judgement, you could also hire an attorney to set aside the judgement. However, the claim against you would still survive and you'd most likely have to defend the lawsuit.

You should consult with an attorney in your area for specific advice regarding your situation.

In most cases, a bankruptcy would discharge the judgment and thereby make it uncollectable.

Typically, a judgment creditor would take up to 25% of the gross income. However, the judgment debtor could file a petition with the court to seek a hardship reduction in the amount taken each month. Don't forget that a judgment creditor also could levy bank accounts without advance warning.