Legal Question in Credit and Debt Law in California

wage garnishment

I have a collection agency that is after us for unpaid medical bills. They told us today that they are going to sue us for the money. My question is what is the most that they can get for a wage garnishment? They stated they could get 25% from each of my husbands paychecks. He gets paid twice a month. He averages $700.00 after taxes per check. With that he supports 5 people including himself. Does the courts take that into concideration before they make a judgement? Thank you for your time.


Asked on 4/26/06, 3:52 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: wage garnishment

Ability to pay is not a defense to a collection lawsuit. If a judgment is entered and the creditor starts a wage garnishment, you can file a claim of exemption and a financial statement with the Sheriff's department to oppose the garnishment. The creditor can schedule a hearing to object to your claim of exemption and then the court could consider your overall financial picture to determine how much should be withheld from your paycheck. You might consider consulting a local bankruptcy if you are experience difficulty with other debts.

Read more
Answered on 4/26/06, 3:58 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California