Wages garnished – Please help!!! Thanks!!!
My employer just received a writ of execution to garnish my wages. I did not know about the judgment or wage garnishment until I was emailed by my employer on 6/14/10. I was not served with any court papers. I looked up my case on the court website & it states there was proof service. Can I stop the wage garnishment because I was improperly served and do I really need an attorney to do this? I’m in California. I looked at the court website and I don’t see any form for this procedure. Second, I’m also submitting the claim of exemption and financial statement. We can not pay for living expenses if 25% is taken out. Do I have to do this within a certain time limit? Although my employer just notified me, the writ of execution was issued on 6/01/10 but the judgment was entered on 5/13/10.
Is it even worth it to dispute the improper service? I know that it’ll just delay the garnishment temporarily. Should I just be concerned with submitting the claim of exemption & financial statement?
I would really appreciate any feedback. Thank you very much!
here in Michigan there is an option to file for a payment plan, which means going in front of a judge. I’ve done this since they weren’t leaving me enough to live on each week. don’t know about California law but for me they continued garnishment until we went to court and for i think 2 weeks after.
also, check around for free or low cost legal aid. sometimes a lawyer will give you a free 20 minute consultation. right after my divorce i needed a lawyer and after the free consult she decided to represent me pro bono (for free). It was a simple thing tho.
Is there a law school near you? Most have low cost clinics so law students can get experience under supervision of instructors.
I don’t honestly know but why not call some local attorneys there in CA and get a free consult? This is the place to start – http://members.calbar.ca.gov/fal/MemberSearch/QuickSearch. They could inform you better than anyone else.