Legal Question in Credit and Debt Law in California

Yes, it can and is done quite regularly - paycheck garnishment is the best way to collect a judgment. When they received a copy of the wage garnishment order, they also received some information about claiming the amounts exempt. They can attempt to do that, but it is rare that wages can be exempted from attachment. They can attempt to negotiate with the landlord's attorneys, however, now that he has the wage order in place, he doesn't have much reason to work with them to make a deal. Finally, if they are otherwise qualified, they could consider bankruptcy which will stop the wage garnishment and possibly discharge the debt, but they probably need to have other debt problems than just this one (unless the judgment is very large). Their best bet right now is to contact the attorney for the landlord and try to work something out in return for his releasing the garnishment order.

By the way, they had the opportunity to appeal the judgment after they lost the first round. There is a very short time-frame in which they can appeal after the judgment is entered. By the time a wage garnishment order is issued, I'm guessing that the time-frame for an appeal has passed and they are now stuck with the judgment. They may want to check into that as well.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

In addition to what Mr. Gibbs has said, they also might apply to the court for a reduction in the amount taken from the paycheck based upon hardship. They might seek help from free or low cost landlord-tenant agencies in their county, as well as from an attorney.