Legal Question in Credit and Debt Law in California
Vehicle Collections
Is there hardship clause or a way to sway a judgment in the direction of smaller garnishments? I'm being sued by my car company after voluntarily releasing my vehicle back to them. They refused attempts to set up payment plans I could actually afford. They are threatening 25% of wages, can I plead anything to have the judge decide to establish a payment plan or take a lesser percent?
1 Answer from Attorneys
Re: Vehicle Collections
If they do not have a judgment yet and the case is still pending, I would fight it under the contract. If they do have a judgment and are attempting to enforce it you can make a request to the court for an exemption to reduce the garnishment amount. The exemption is based on a financial worksheet and determination by the Judge.
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