Legal Question in Credit and Debt Law in California
wage garnishment after creditor accepted monthlym payments arrangements
Help!
six months ago I received notification of legal action by a law firm acting on behalf of a past creditor. I phoned them and had numerous correspondence regarding monthly payments. They agreed, I also took it a setp further by saying that should I be able to send more I would . SInce June I have been making monthly payments of $95.00 per month. So far I haven't missed any payments. Today I received a notice of wage garnishment. What recourse do I have? I certainly do not want my employer involved.I am a single income household, with a disabled spouse with only monthly disability payments. Please advise me what course of action I should take to stop this shameful action.
1 Answer from Attorneys
Re: wage garnishment after creditor accepted monthlym payments arrangements
A writ of garnishment is in aid of execution, which means that your creditor has already taken a judgment against you, and short of an agreement, he is entitled to go after your assets. Your wages, however, are automatically exempt to the extent of one half, the other half may be exempt for good cause, that is need, medical, or support, etc. You have some leverage to get an agreement to pay off the debt, as you are, provided they do not harass you as they appear to feel free to do. In the meantime, check with the Sheriff about filing an exemption claim against the writ of garnishment. The document you received from the sheriff should have explained how to go about doing that. It may be that seeking legal help for the agreement to pay in installments would be worthwhile.
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