Legal Question in Credit and Debt Law in California

Stopping a Wage Garnishment

I was recently issued a wage garnishment by a prior landlord for unpaid rent and damages and I am in no way responsible for this money he says is owed to him. I had given proper notice (when I gave notice I was told by the landlord that the month to month lease was thereby terminated and that if my roommate was to stay, she had to do a new lease). I moved out and my other roommate continued to stay there and neglected to pay the rent. I should not responsible for this unpaid rent because I gave my notice and moved. I was never served any notices or summons to go to court. Is there a way to put a stop on the garnishment so that I can put my case before a judge? What is the course of action that I need to take?

Thank you.


Asked on 5/29/03, 6:22 pm

2 Answers from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Stopping a Wage Garnishment

You need to file a motion to vacate the judgment due to lack of proper service of summons.

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Answered on 5/29/03, 6:28 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Stopping a Wage Garnishment

You will need to pay an attoney to set aside the judgment and stay exection of the wage garnishment. This will cost you at least $1,000. If this is too much you can file bankruptcy.

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Answered on 5/31/03, 12:18 am


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