Legal Question in Credit and Debt Law in California
wage garnishment
could I file a claim of exemption before my wages are attached?or a request to pay court.have a judgment aganist me and they have not responded to my request to make payments it,s a 2700.00 judgment not enough for bankruptcy but they,re playing hardnose
1 Answer from Attorneys
Re: wage garnishment
There is no procedure to file a claim of exemption BEFORE a judgment creditor starts a wage garnishment. Once your employer receives notice of the wage garnishment, then you can file your claim of exemption.
You file the claim of exemption with the Sheriff's Department, who notifies the judgment creditor. If the judgment creditor does nothing, your claim of exemption is automatically granted. If they object, the court will schedule a hearing on the matter to determine how much money, if any, should be taken from you paycheck.
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