Legal Question in Criminal Law in California

Wage garnishment

This is in regards to a loan. I got a personal loan out in 2002 .I was unable to make loan payments due to work. I attempted to make payments less than my monthly payment but CREDITOR refused ..They wanted it all. Anyway, my acct went into a collection. They obtained a wage garnishment through default. I was not aware of court date. Anyway they started taking max out of my checks in april this year. I have a son and i am a partime worker. 25 hrs a week ..How can i go to court to stop this ridiculous amount. I am getting myself more in debt not being able to support my son and me. They take most of my check


Asked on 10/01/04, 4:19 pm

2 Answers from Attorneys
Ronald Richards Law Offices of Ronald Richards and Associates

Re: Wage garnishment

you can file a claim of exemption for the wage garnishment and a motion to vacate the judgment. you can email me and I will send you the forms. [email protected]

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Answered on 10/03/04, 11:55 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Wage garnishment

You should have received notice of the garnishment and your right to file a claim of exemption. You may have been able to reduce the amount through this process. However, it is now probably too late. You can file a motion with the court to reduce the amount being withheld. The maximum that can be attached is 1/4 of your after tax income. If more than that is being withheld then you should be able to get the amount taken out reduced. Look for a local legal aid they may be able to assist you in this matter.

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Answered on 10/01/04, 8:46 pm


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