Legal Question in Credit and Debt Law in California

If the social security number does not match, your case is against your employer if they withhold (or worse send funds) based on this garnishment. The lawyer is entitled to send garnishment notices to any employer he thinks is employing the judgment debtor. It is up to the employer to check if their employee's information matches the information on the garnishment. If it does not, the employer is legally required to inform the garnishing attorney of the error and refuse to withhold pay. If the employer fails to deal with that properly, the employer is liable for damages to the employee. If the information matches, and it's still the wrong person, such as in identity theft, then it's on the employee to deal with it, but when the information doesn't even match, the employer has to refuse the garnishment or face liability to the employee.

I agree with Mr. McCormick's response. The lawyer probably doesn't know that you are most likely a different and it is up to your employer to respond properly and not garnish your wages.

That being said, you should still file a claim of exemption with the Sheriff's department and include an explanation of why you are no the the right person. The claim of exemption is your way to potentially stop the garnishment yourself if the employer doesn't act property.

When you file a claim of exemption, the sheriff notifies the attorney who started the garnishment. If they do not oppose your claim of exemption, the sheriff will issue a stop order for the garnishment and return the money to you. If the lawyer opposes the claim, the court will set a hearing and you can get this before a judge to explain your situation and show evidence that you are the wrong person.