Wage Garnishment California

[lt2828]

I am about to go to court a week from now where a judgment will be entered against me. I'm sure they will begin to garnish my wages shortly thereafter. Assuming that bankruptcy is not an option for me, is there a way I can prevent garnishment?

I have researched as much as I find, and I know California limits 25% of your disposable earnings which is still a significant amount. I have ran into some unclear "head of household" exemptions, but I am unsure as to how it works. Does anyone have any experience with wage garnishments and head of household exemptions?

[jlmaca]

I am about to go to court a week from now where a judgment will be entered against me. I'm sure they will begin to garnish my wages shortly thereafter. Assuming that bankruptcy is not an option for me, is there a way I can prevent garnishment?

I have researched as much as I find, and I know California limits 25% of your disposable earnings which is still a significant amount. I have ran into some unclear "head of household" exemptions, but I am unsure as to how it works. Does anyone have any experience with wage garnishments and head of household exemptions?

File a claim of exemption with the court to stop the wage garnishment if you cannot buy the most basic of living necessities after the 25% wage garnishment. You can find this form at your local courthouse or have an attorney help you out with this. When you go to court for this claim, make sure you have documented proof of your income and expenses to prove your claim of expemption.

If you qualify due to low income and assets, you can ask the court to reduce the amount of wage garnishment. Only a claim of exemption from the previous step can stop wage garnishment.

If your wage garnishment resulted from a California Small Claims Court judgment, file form SC106 to request that the judgment to be repaid in installments, which would stop the wage garnishment. The lender can oppose your request but they have to give a reason. The court will ultimately decide how much needs to be paid.

[onthebrink]

How long did you without paying the card before they filed suit? Would you mind indicating with what bank and the amount of the debt?

Thank you and best of luck. BTW, if you haven't done so already, you might want to speak with a lawyer.

[jwmc1]

Fight this with all you have...get the judge to be sympathetic to your cause. Don't roll over...assuming you are agreeable to a deal, tell the judge you are willing to enter into a payment arrangement.