Legal Question in Credit and Debt Law in California

Re: wage garnishment

The creditor or collector must first obtain a judgment, which is only available by filing a lawsuit.

If someone threatens garnishment without explaining that this requires a judgment which is only given after the creditor or collector wins a lawsuit, that is illegal.

HOWEVER -- you do not have to have ever set foot in court. If you were served with a summons and complaint and ignored it, then the creditor or collector can get a judgment without you ever appearing in court.

-- Amy Kleinpeter

http://www.amykleinpeter.com

Re: wage garnishment

The creditor must first sue you to obtain a money judgment. Only then could they start a wage garnishment against you.