Legal Question in Credit and Debt Law in California
I received a judgement against someone who defaulted. I have filed for wage garnishment and his employer has been served the writ of execution. How is the amount per check determined and who determines it? I understand it can be "up to 25%" but who actually states the amount and on what basis? Does the employer pay me directly? How soon before I receive my first payment, assuming the person doesn't contest it?
If the person files an exemption that doesn't automatically mean he doesn't have to pay, correct? The exemption needs to be ruled on first?
1 Answer from Attorneys
The Sheriff's department gave instructions ot the employer on how much to withhold and they can withhold up to 25% of the net pay. The employer will complete a questionnaire called the employer's return, which the Sheriff's department will send to you after receiving it from the employer. The employer sends the money to the Sheriff's department and you will start receiving checks in about 6-8 weeks.
If the debtor files a claim of exemption, the garnishment will be released unless you get a hearing date from the court and file the necessary paperwork with the court and the sheriff's department. The Sheriff will hold on to the garnished funds until the judge makes a ruling on how much should garnished, if any.
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