Legal Question in Credit and Debt Law in California
Wage garnishment
Can I have my wage's garnished without being notified of the court date and time? If So, how can I find out the date and time that the law office is attempting to get the court order? I would like to be there to plea my case.
1 Answer from Attorneys
Re: Wage garnishment
If you have a judgment against you, the creditor may serve a wage garnishment on your employer. There is no court date. However the employer must notify you and you should receive a copy of the garnishment. That paperwork explains that you have the right to file a claim of exemption with the "levying officer" (usually the Sheriff). Unless the creditor files an opposition to your claim of exemption, the garnishment must be released. If the creditor files an opposition to claim of exemption, you will receive notice of a date on which your claim of exemption will be heard by the court.