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Orange County California - I am going to fight a garnishment…

Orange County California - I...
Orange County California - I am going to fight a garnishment order and I am putting together the forms, is the process to deliver the forms to the court - and then they will set a date for a hearing, or normally do they just process paperwork and no hearing is required? Do I need a lawyer for this or can I just do this process myself?
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Answered in 3 hours by:
3/11/2018
socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 40,072
Experience: Retired
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Hello,

The following is the process for claiming an exemption from a wage garnishment order:

Filing requirements: An exemption is claimed by filing with the levying officer (not the court) an original and one copy of:

  • The official Claim of Exemption form (WG-006); and

  • A Financial Statement (Judicial Council Form WG-007). Code Civ. Proc. Section 706.105(b)

Contents of claim of exemption: The claim of exemption must be executed under penalty of perjury and must contain the following:

  • The amount of earnings needed to support the judgment debtor or his or her family (see item “2”);

  • The address for service of all papers (item “3”);

  • The amount of earnings the judgment debtor is willing to have withheld each pay period during the withholding period (item “4”) (if the creditor does not oppose the claim of exemption, such amount will be withheld); and

  • The length of the judgment debtor's pay period (item “5”). Code Civ. Proc. Section 706.123.

Financial statement: A completed financial statement must be attached to the claim of exemption. The Judicial Council Financial Statement form (Judicial Council Form WG-007) must be used.

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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 40,072
Experience: Retired
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