Legal Question in Credit and Debt Law in California

Garnishments, more than one

If there is already an Order for garnishing 25% gross wages (1,360 gross monthly) for child support, will they take another 25% to satisfy a loan? The judgment was in May of 2000. Would Bankruptcy help?


Asked on 9/05/03, 1:31 pm

1 Answer from Attorneys

Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Garnishments, more than one

Bankruptcy would give you an immediate stay of all creditors, meaning they could not further attempt to collect you indebtedness. It is not to be used casually, however. You cannot take another bankruptcy for ten years, and during that time you may be in need of such debt relief more than you are now. What is the total amount of your indebtedness? Check with the Sherrif's Dept. for your right to exemptions from the writ of garnishment, or review California Code of Civil Procedure sections 703.010 et seq. You may find it has sufficient protection for you so that you may not need the debt relief of a bankruptcy.

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Answered on 9/05/03, 2:05 pm


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