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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88675
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a medical judgement from calif 10/08. I now live in

Resolved Question:

I have a medical judgement from calif 10/08. I now live in texas. Collection agency called me and told me they were going to garnish my wages. What is the statute of limitation on a judgement. Can they garnish my wages.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.
The Texas court will not order a garnishment of wages in a Texas case. However, if they get a judgment in CA and get a garnishment order from the CA court, then the Texas court under the full faith and credit clause of the Constitution would have to honor the CA court garnishment order and your wages would be garnished. A judgment in CA is valid for 10 years from date of judgment, so this one is still valid.
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Customer: replied 1 year ago.
Would I have to be notified before they go to court to get a garnishment order
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response. No, you would not receive notice before they go to court to enforce a garnishment order. The first notice you will get of a garnishment order is when it is served on your employer and at that time you can object to the garnishment by filing an objection in the Texas court that issued the order and presenting evidence as to why garnishment should not be allowed.
Customer: replied 1 year ago.
Would evidence be living expenses and such
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for the follow up.
I am afraid that living expenses and such are not grounds to stop a garnishment in most cases. Living expenses can be considered by the court to reduce the amount of the garnishment from 25% of your income after taxes and standard deductions to something a bit more reasonable, but you would have to present a detailed financial statement showing your mandatory necessary expenses to the court for them to review to determine how much garnishment is reasonable based on those circumstances.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88675
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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