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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 27245
Experience:  Lawyer
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I have a judgement from a former renter and

Customer Question

I have a judgement from a former renter and had the sherrif serve a writ to garnish wages. the company has not responded and after several phone calls they told me they would. Then they told me she already has her wages garneished and I would not get anything. They have not answered the legal document in writing and it has been over 4 months. What is my next legal option? Thank you, XXXXX XXXXX  XXX-XXXXXXX

Submitted: 3 years ago.
Category: Legal
Expert:  Lucy, Esq. replied 3 years ago.

My name is XXXXX XXXXX I'd be happy to answer your questions today.

I'm sorry to have to say this, but if the person has another judgment that is garnishing wages, that judgment has priority, which means that you will not get any money from the company until the prior judgment has been satisfied. The order remains in effect for 10 years, which increases the chances that you'll get paid eventually, as long as the person continues working there. California law does allow a creditor to file suit against an employer that refuses to comply with a wage withholding order. Cal. Code Civ. P., Section 708.210. However, if they're already withholding 25% (or 50%, if it's child support), they cannot withhold extra to send it to you.

You could try to send a letter, citing the law, and asking them to prove that they are withholding wages for some other purpose and therefore cannot comply with your garnishment order.

Another option for collection is to levy a person's bank account. If you know where the tenant has bank accounts (and you can look at any checks that were ever given to you), you can contact their legal order processing department to ask what forms they need you to submit to try to take funds in the account. You may be able to get any money that did not come from current wages. That might be worth a shot. Just keep in mind that you only get what is there on the day that they execute the levy, so it often takes more than one attempt.
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Customer: replied 3 years ago.
She has no bank account. Than you for the answer. Is her company required to respond by law? I have called them and got a runaround over 10 times.
Expert:  Lucy, Esq. replied 3 years ago.
Because the law allows you to sue if they do not withhold the wages, they should respond. The statutes don't specifically require it. However, if you sent a letter, via certified mail, explaining that you intend to sue if they do not uphold your order or present proof as to why they cannot, you may get a response.

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