Legal Question in Consumer Law in California
wage attatchment
my husband works for his uncle. A employee/co-worker of my husband has borrowed $700 from us(wife) I was wondering if it is possible to garnish his wages until loan is repaid. If yes could you help me find a form to do this?
1 Answer from Attorneys
Re: wage attatchment
Before you can garnish someone's wages, you must first have a judgment. To obtain a judgment, you must follow certain steps.
You would need to (1) send a "demand" letter to the person requesting payment of the amount due. Be formal and nice in your language, a judge may be reading the letter later. Set out all of the facts, attach a copy of any written agreement, and request payment of the money within 30 days.
(2) if they do not pay, you will then need to file a complaint in the small claims court of your county. You can find a complaint form either online or at your county courthouse.
(3) After filing, the Court will set a hearing date. You will then need to attend the hearing, explain the facts to the Court and obtain the court's ruling in your favor (hopefully).
(4) Then you may enforce the judgment.
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