Legal Question in Credit and Debt Law in California
Small Claims Court
If I loose in small claims court for a verbal debt between two individuals, can my wages be garnished?
2 Answers from Attorneys
Re: Small Claims Court
Sure.
Re: Small Claims Court
Unfortunately for you, yes. Once a judgment has been issued by the Small Claims Court, the judgment creditor (the person who sued you and won) can levy against any deposit accounts you may have, may garnish your wages, may haul you into court on what is called a "judgment debtor exam", and can generally make your life pretty miserable until it is satisfied. They may also chose to turn the judgment over to a collection agency. Finally, the judgment will eventually appear on your credit report.
I'd suggest contacting the judgment creditor and try to negotiate some sort of payment plan you can live with, then document it. The other option, if you are within the time frame to do so, you may appeal the judgment which would have the effect of stopping collection efforts for now until the appeal is heard.
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