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Brandon M.
Brandon M., Counselor at Law
Category: California Employment Law
Satisfied Customers: 12235
Experience:  California licensed attorney
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Hello- My employer received a wage garnishment order against

Customer Question

Hello- My employer received a wage garnishment order against me (the employee), however the defendant listed on this court order is an LLC business, that I used to own. Is this wage garnishment enforceable as it's not personally against me? Basically this judgement lists the LLC as the defendant not me personally.

Thank you.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Brandon M. replied 2 years ago.
Hello there:

Thank you for entrusting me with your question. A wage garnishment order is enforceable only against the party listed. The employer is not in a position to make an inductive leap or a legal determination that someone else listed on a wage garnishment order is the same person as their employee, only under a different name. If the judgment creditor (the person/entity seeking the garnishment) wishes to garnish your income, they need to garnish your income. Pursuant to California Code of Civil Procedure § 706.102(a). It must include the following:
  1. Names and Addresses
  2. Payee
  3. Information re Judgment
  4. Whether this is a support judgment
  5. Special levying instructions
  6. Whether this is a subsequent withholding order

I understand that you may have follow-up questions. Let me know if further clarification is needed. Thank you.
Customer: replied 2 years ago.

The bottom portion of the order reads as follows "a judgment creditor has obtained this order to collect a court judgement against your employee" Is this just standard language as it pertains to wage garnishment order.

Expert:  Brandon M. replied 2 years ago.
Exactly.

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