Legal Question in Business Law in California

Re: Personal loan-possible garnishment

You must first file a lawsuit and get a judgement before you can garnish wages.

Joel Selik

www.4thelaw.com

Re: Personal loan-possible garnishment

Here is some middle ground for you.

As a father and a son, I am sorry to hear that there are sufficient problems in your relationship to cause you to want to garnish your son's wages. A lawyer is also referred to as a counsellor, because we are supposed to counsel our clients.

If you can, I urge you to try and repair your relationship with your son. $1,000 does not seem to be enough to create the strain on your relationship that will come with taking legal action.

As a lawyer, we also have a duty to do what the client wants. In order to be able to garnish someone's wages, you must first obtain a judgment. Given the dollar value involved, I would recommend filing an action in small claims court. Once you obtain a judgment, it may be enforced in a variety of manners, including wage garnishment.