Legal Question in Credit and Debt Law in California

wage garnishment

hello, i was notified that there is a wage garnishment on my behalf. I', not an employee there any longer. what happpens next. Im not employed at all and i dont have the money to pay the debt. As for my employee, i believe they signed and stated i dont work there and sent back the paper work to the levying officer. will they still be bothered, called or required to fill any other forms or documents? what happens next? if i dont have income, dont own anything or cant pay can they seek other means to collect this amount? and the amount is for 2,300 or so. please help!


Asked on 1/10/03, 12:39 pm

1 Answer from Attorneys

Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: wage garnishment

I must admit I have never heard anyone against whom a writ of garnishment was served refer to it as "on my behalf." Remember, it is on behalf of your judgment creditor and against you. The garnishment requests your employer to turn over whatever it then owes you in salary. You can also file an exemption request(see the Sheriff or Marshal's office, which ever served the writ. Your employer only has to honor it by its terms for money owed you at time the the writ is served.

Once returned, it must be reserved to do the creditor any good and then it is only for money owed you at the time of the next service.... If you no longer work at that employment, you might reasonably expect the creditor to find your current employment, and to do the thing all over again. Aren't you better off to try to reach some payment arrangement, even over a long term, to get rid of the possibility that they will serve the writ at a time when your salary, possibly a substantial sum of money, is to be paid, and greatly inconvenience you and your family?

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Answered on 1/10/03, 2:35 pm


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