Legal Question in Credit and Debt Law in California

The judge confirmed that my former roommate was at work and not too sick to come to court as she claimed with the court on the morning of our initial hearing. Therefore, being a no-show I won the judgment. After garnishment proceedings were in effect, ex roommate filed a Claim of Exemption. I in turn filed Notice of Hearing/Opposition Claim of Exemption. We will have the same judge that was previously assigned to our case. Could exroommate's willful lying and not showing up previously effect her character or will the judge even consider her Case Summary notes?


Asked on 9/14/12, 4:36 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

The issues at a claim of exemption are limited to whether the garnishment unfairly interferes with judgment debtor's ability to pay rent, put food on the table and lead a somewhat reasonable lifestyle. The judge will be focused mainly the judgment debtor's income and expenses.

If there is some reason to question the validity of the income or expenses on the financial statement, the prior actions might have some influence on the judge's decision. However, I doubt the judge would care a whole bunch unless the budget is really outrageous.

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Answered on 9/20/12, 8:21 am


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