Legal Question in Credit and Debt Law in California

wage garnishment

what is law state when a creditor wants to garnish wages? legally what are my rights and how long do I have


Asked on 9/25/07, 1:26 am

1 Answer from Attorneys
Amy Kleinpeter Clark Kleinpeter Law

Re: wage garnishment

There is no wage garnishment without a court entered judgment. A creditor must sue you, win the lawsuit (or have it go uncontested) and then get an order for garnishment.

Garnishment is usually 25% of each check, but there are more complications to this then can be gone over in a general answer.

The answer to your question "How long do I have" would require more information and would still just be a guess. BUT if there is no lawsuit filed yet, I would figure you are very safe to think you have 3 months at a minimum.

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Answered on 9/27/07, 1:56 am


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