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LegalEagle1
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I just received a writ of execution mailed on April 26th(California

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I just received a writ of execution mailed on April 26th(California money judgment for credit card debt. Another collector is garnishing my wages already. Last time I file for claim of exception and judge reversed the 25 % garnishment and instead ordered my 401 contributions to be paid to the credit card company. I ended up closing my 401 K plan and now that money is going to law firm. In this case however, there is no levy at the moment so can I still file the same claim of exception that I filed last and change the case number XXXXX other financial information? The only difference is there no levying officer number. It is just a writ.
Submitted: 11 months ago.
Category: Legal
Expert:  LegalEagle1 replied 11 months ago.
Hello and welcome to JustAnswer. I would like to assist you with your question today.

Yes you can still file a claim of exemption. Regardless of the number of creditors that are trying to garnish your wages, they cannot take more than the 25%.

Does the writ list your wages as the item to executed against?

I hope that I have answered your question. Please let me know if you have more questions or need more information.

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Customer: replied 11 months ago.

Thanks for your answer. I don’t have any assets. I am paying for two cars with almost no equity. To answer your question, only writ of execution check box is checked and checkboxes for personal and real property are unchecked.


Are there any other options besides claim of exemption? Also since there is no file open with Sherriff office and claim of exemption has a place for levying officer number. What should I write in that place? Most important question is, what happens next? I file exemption, I get a court date. Would they still garnish my wages until a decision is reached by court? Hopefully they will wait until a court date.


Thanks for your help.


 

Expert:  LegalEagle1 replied 11 months ago.
I would suggest you write "unknown - see attached writ of execution." Then attach a copy of the writ you were served with to the claim of exemption.

By law they should not withhold more than 25% of your wages, your payroll department should know this, or you may want to make sure they are aware of it and do not withhold more than 25%. The filing of an exemption typically does not prevent the wages from being garnished but funds are not disbursed to the creditor until the exemption issue is decided by the court. So if your employer sent in more than 25% of your wages that would be returned to you.

Court dates on these matters are usually scheduled very quickly, usually less than 30 days.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.

My goal is to provide with best assistance that I can. Please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1 also begin your question with “For LegalEagle1”
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Customer: replied 11 months ago.

Ok I will do that. They are not garnishing more than 25 % of my wages. On my financial statement, I am left with few hundred dollars per month after all the bills are paid. Should I put down something like $ 30.00 per month for this creditor? Last time I had put down zero but judge said I do owe this money so I have to pay something.


I forgot to mention that this is judgment was entered by default by court clerk. Can this judgment be challenged?

Expert:  LegalEagle1 replied 11 months ago.
You should list whatever amount you can afford to budget to pay the creditor. Sometimes this may mean reducing the amount you budgeted to pay another creditor.

There is a method to obtain relief from a default judgment. Here is a link to an information page that is provided by the San Diego Public Library that explains the process in detail. It also contains sample Motions, Memorandum and Points of Authorities, and Declaration in Support of Motion. The information and instructions they provide are for use in the Sacramento County Superior Court. The court in which your default judgment was entered, may have a slightly different procedure but this page is an excellent reference.

http://www.saclaw.lib.ca.us/pages/motion-relief-default.aspx


You will want to check with the court where the default judgment occurred to see if they have any additional or different requirements. Please review the page and let me know if you have any additional questions. Also please be sure and rate my answer to you initial question that I have already answered. This will give me credit for the answer I have already provided. You can follow up with additional questions.

_________________________________________________________________
Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.

My goal is to provide with best assistance that I can. Please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1 also begin your question with “For LegalEagle1”
_________________________________________________________________
Use of this service does not create any attorney client relationship. Information provided is intended to explain general legal principles and assist you in finding an attorney in your area.

Please click "Great" or better to rate service.
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