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DrakeLAW, Lawyer
Category: Legal
Satisfied Customers: 764
Experience:  Attorney at Drake Law Firm PLC
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I received a wage garnishment letter today from my employer

Customer Question

I received a wage garnishment letter today from my employer from Midland Funding. I never received any notice or court date. I called them and said an officer service a young lady describing my sons girlfriend. If they take out the amount my employer told me I will not be able to make my mortgage payment. I need help filing for an exemption....
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: CA
JA: Has anything been filed or reported?
Customer: Yes, with Superior court of Santa Clara
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I know of
Submitted: 1 year ago.
Category: Legal
Expert:  DrakeLAW replied 1 year ago.

Hi, my name is ***** ***** I look forward to helping you, please give me a moment to review and possibly research answers to your question.

Customer: replied 1 year ago.
Expert:  DrakeLAW replied 1 year ago.

Were you aware of the underlying lawsuit at all? Is it a legitimate debt?

Customer: replied 1 year ago.
I was not aware of the lawsuit and yes it's an old debt back in 2010.
Customer: replied 1 year ago.
You still there Rich?
Expert:  DrakeLAW replied 1 year ago.

Yes, I am here, please allow some time for response as this is not a live chat service.

Alright, so its a valid debt, do you believe the total amount is correct? That is, did they add a bunch of nonsense fees or charges? Or do you want to just accept the judgment amount and deal with the wage garnishment part?

Customer: replied 1 year ago.
I have no problem paying them just don't want the garnishment, Ive been working hard to get my credit score back up to reasonable. Plus I can't afford the payment they want to take out. I'm the only one working and wouldn't be able to pay my mortgage.
Expert:  DrakeLAW replied 1 year ago.

Have you contacted them and asked if they will agree to an alternative settlement where you make direct payments? Most creditors are reluctant to do so though once they have established a wage garnishment.

Customer: replied 1 year ago.
They want it paid in full, 6K I offered 3K and they said NO
Customer: replied 1 year ago.
Do you know anything about filing for an exemption?
Expert:  DrakeLAW replied 1 year ago.

Ok, yes, getting that for you now.

Expert:  DrakeLAW replied 1 year ago.

I am going to attach all the documents you need including an instruction form. There are 6 documents total.

If that answers your question, please kindly rate the question so it may be closed.

Expert:  DrakeLAW replied 1 year ago.

Exemption docs.