Legal Question in Credit and Debt Law in California

Garnishment or Judgement first?

Help! Is a Wage Garnishment inseperable from a Judgement and which one comes first? I was dealing with a law firm/collection agency and as much as I would have liked to settle, their terms were not favorable. With which agency/company/court venue can I negotiate with to satisfy this debt? What is the basis for violation of the Fair Debt Collection Act by a 3rd party? This is for Los Angeles County, if that helps.


Asked on 8/08/04, 6:25 pm

2 Answers from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Garnishment or Judgement first?

There must be a judgment before there can be a garnishment. If the debt is more than 4 years old (unless you have done something to renew it), they cannot sue you. If that is the case, and they have threatened you with garnishment, they could be liable under the collections laws.

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Answered on 8/08/04, 6:34 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Garnishment or Judgement first?

Although a garnishment would be in aid of execution of a judgment, it could also be something which looks like a garnishment, that is a wage attachment, which is a pre-judgment writ. In any case, you must deal with the owner of the debt, be that your creditor or if assigned, to the collection agency.

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Answered on 8/08/04, 8:01 pm


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