Legal Question in Credit and Debt Law in California

After a exemption hearing for a garnishment order, and after an amount has been determined by the courts for garnishment, from my paycheck, is the collection agency still aloud to levi my bank acct. if im the sole provider for the family. if they would levi the bank acct. they would inturn get all my money, due to having direct deposit. how would this work. are they aloud to do this after the exemption hearing is over. because that would'nt not be a max of 25%, it would be everything i make.


Asked on 3/12/13, 12:01 pm

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

The collection agency can both garnish your wages and levy against your bank account.

If it levies against the account, you may be able to claim an exemption. The California Judicial Council has published forms for people to use to claim exemptions against a bank account levy or a wage garnishment. See, for example, http://www.courts.ca.gov/documents/wg006.pdf

Best of luck to you.

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Answered on 3/13/13, 6:43 am


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