Legal Question in Family Law in California
Out of state wage garnishment enforcement and guidelines
I have been served a wage garnishment action against my salary from the state of new york. Please let me know the laws and guidelines governing enforcement and financial limitations. This action is the result of a family court order yet to have been properly served. I have been made aware of it's existence by the garnishment notice.
1 Answer from Attorneys
Re: Out of state wage garnishment enforcement and guidelines
If the wage assignment order is from a NY court, you may have to seek relief in that court. If the judgment was recorded here as a sister-state judgment, you can attack the validity of the order here, for lack of due process (ie: you were never served). This is complicated by recent federal law which requires a wage assignment from one state to be honored in another state without recording the underlying judgment. There should be information on the back of the order advising you of your rights. Any action to be taken is usually time limited (10-20 days).
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