Legal Question in Credit and Debt Law in California
I RECIEVED A REQUEST FOR ENTRY OF DEFAULT CLERK'S JUDGEMENT. hOW LONG IS THE PROCESS GIONG TO TAKE? Will the collection agency be more likley to garnish my wages or take from my bank account? They do not know my account number but do know where I work.
1 Answer from Attorneys
It depends on how busy the Clerk of the Court's office is - it can happen relatively quickly (like a week), or it can take a month or more. Once a judgment is entered, they can do both - garnish wages and levy your bank account. They do not need your account number to levy a bank account, only the bank where you have any accounts. Here's the fun part - if you have ever paid that creditor in the past, they have record of what bank you paid from. That will probably be the first bank they go try to levy. Then, they can subpoena you to Court for a judgment debtor examination, and ask you under oath where you bank. You have to tell them the truth, and they will then execute a levy against that bank. Periodically, you can check the Court's website (most have online case access) and see if judgment has been entered against you.
*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."