Legal Question in Credit and Debt Law in California

Re: Wage Garnisment for Cival Judgement

My best guess (without having researched the issue) is that the civil judgment and restitution are separate and may be collected separately, even if collection of both would cause a double recovery. If I were representing the judgment creditor I would go ahead and file a wage garnishment, making the judgment debtor do the legwork to try and raise any arguments why his or her wages should not be garnished. Unless the debt is dischargeable in bankruptcy, and you think he or she might file for bankruptcy (which, in any event, would freeze the garnishment in its tracks and would put the burden on the judgment creditor to file a motion/complaint in bankruptcy court to have the debt declared non-dischargeable).