Legal Question in Credit and Debt Law in California

Re: wage garnishment

I'm not entirely sure what you mean by "fight" the wage garnishment because there are several possibilities.

If you want to reduce or eliminate the garnishment, one thing you can do is file a Claim of Exemption and a financial statement with the Sheriff's Department. You can either claim all of your wages exempt or agree to have a lesser amount withheld from your check. If the judgment creditor does nothing, then then the garnishment will be changed in accordance with your claim form. If the creditor objects, the court will schedule a hearing and determine how much should be withheld from your check.

If you believe the judgment should not have entered againt you for some reason such as improper service, you will need to appeal or file a motion to vacate the judgment. You will need to see a local attorney for more information on how to do this and you should do it soon.

You can also file for bankruptcy. The automatic stay would stop the wage garnishmetn all together, but you should see a local BK attorney to determine if you are eligible for a bankruptcy.

Finally, you can try to negotiate a less bordensome payment schedule with the creditor.

Re: wage garnishment

How was the judgment obtained? A default judgment may be set asside under some circumstances. You may quailfy for some exemptions. Perhaps the debt may be negotiated. Call me directly.