Legal Question in Credit and Debt Law in California
i have filed a claim of exemption form with the sheriffs dept. on a judgment from a case involving a collection agency, representing a hospital. in regards to a garnishment order. my question is: my expenses because of on going medical cost of my wife, monthly perscriptions and doctor visits, exceeds my take home pay per month. we really just juggle bills around to just stay above water, because of her medical needs. is there a minimum amount the court will garnish from my pay. how do they determine and how much will they take from me, even tho im broke every week as it is, because of my wifes medical condition.and making sure she gets her medicines and doctors visits. i have applied for ss/dissability for her, but its not been approved, and we have a lawyer working on it for us. im just wondering what they do in this kind of heiring, and how do they determine an amount, when i clearly have nothing to give them.
1 Answer from Attorneys
Under California law, the most that the judgment creditor can legally garnish from you is 25% of your net pay per each pay period subject to the court's discretion in lowering the percentage of the garnishment based upon equitable issues such as your wife's medical condition and medical bills.
Under California law there is no minimum amount that must be garnished absent a written agreement between you and the judgment creditor. At the upcoming hearing be prepared to submit paperwork to the court showing what your monthly intake vs. expenses are and make a deep felt request to the court for some small monthly amount that you pay where the bulk of your income where there is excess is small due to your wife's medical needs.
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