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Two part question...25% payroll Lien and California WildCard Exemption.

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    Two part question...25% payroll Lien and California WildCard Exemption.

    Hi I received a wage garnishment notice from my personnel office in the mail and it said it was effective 3-6-09 that they would start taking 25%. I am meeting for the first time with an attorney tomorrow for chapter 7 and I have all the necessary items that were told to me for me to bring. I have to do the credit counseling and I have the necessary full payment that a friend is letting me borrow to pay for this bankruptcy. so I can file right away. Since my personnel office did not have the courtesy to contact me by phone and advise me and now it is right at my doorstep. The cutoff for personnel to key in the payroll is the 21 of each month. My question is this how does it work if I file before that date and hand my personnel the paperwork and tell them that I have a case now in bankruptcy. They will have to acknowledge that automatic stay. I want to know do they still take my money the 25% from 3-6 to the date of the stay or do they have to void that out. If for some reason I miss the date that they key in the money, and they take the 25% and it passes the cutoff and my payroll check is down 25% do they have to reimburse me or does anyone know how this works?

    I also want to add that as you know California has two exemption lists. I have a 2008 vehicle that I purchased in oct that was a used vehicle and I got that car loan to eat up the disposable income as directed from some friendly legal advice and the car loan is $15,000 and no equity in it. I also have a 1998 toyota truck that has a fair market value of $3300 and is not in great shape but I am very attached to this truck and need it to help moving things when needed. The truck is paid off and I am the owner. My question is when I use the california wild card that I am going to use, can I use it for the truck or is the new car the wildcard? A little confused on that. I appreciate your help. Newbie here!
    Last edited by CalifLady; 03-12-2009, 02:35 PM. Reason: spelling errors

    #2
    I am not sure about the garnishment.

    For the wildcard, if the newer car has no equity, you do not need to exempt it. If you owe more than it is worth, there is no equity. As to the 3300 car, CA System 2 allows I think $2300 for a vehicle, so you can use that and then use $1000 of the wildcard to exempt the entire amount.

    Good luck.
    Filed Ch. 7 Pro Se: 12/11/08
    341 Meeting: 1/7/09
    Trustee's Report of No Distribution: 1/9/09
    Discharged: 3/10/09

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