Legal Question in Personal Injury in California
Wage garnishment limits
How much of your wages can be garnished if you are at fault for an Auto accident and do not have enough money / assest to pay off the judgement? Are there limits to what can be awarded? Are there any formula's or consideration taken into effect? Where can I find out more information on this topic? Is there state law that covers this? Also, does the judgement accrue interest until it is paid off?
1 Answer from Attorneys
Re: Wage garnishment limits
Your auto insurance carrier will defend and pay any amount up to your policy limits, so be sure and call the carrier right away if you had insurance. If you are sued, and there is a judgment, up to 25% of your wages can be garnished. There are exemptions which are listed in the Code of Civil Procedure. You can look up California law at www.leginfo.ca.gov. You can read "Enforce Your Judgment" at your local library, law library, or you can buy a copy at nolo.com. You can STFW (Search the Friendly Web) for "California judgment exemptions." If the judgment is large enough, and you have enough debt, you might be able to avoid the judgment, and you would instantly stop all garnishments, by filing for bankruptcy. If you are considering this, talk to a bankruptcy lawyer.
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