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.


Asked on 5/26/10, 1:26 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

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.

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Answered on 5/26/10, 4:53 pm


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