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Creditor won judgment. Wage garnishment.

Los Angeles, CA |

Are there any prior events/signs that wage garnishment is about to happen usually ? I just moved to a new job, and don't believe the creditor know my current work place.

Attorney Answers 3

Posted

Only that your employer tells you about the papers from the sheriff. Sometimes people do not even know about a judgment before getting a short paycheck.

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Posted

A wage garnishment cannot be accomplished with an application for an earnings withholding order and subsequent issuance of that order. You can determine if one has been issued in your case online if you have a case number. If none has been issued, wage garnishment is not imminent.

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11 comments

James Carl Eschen III

James Carl Eschen III

Posted

I think you mean "without." I wish Avvo gave us a way to edit our answers.

Malosack Berjis

Malosack Berjis

Posted

Here, here, Mr. Eschen.

Michael Raymond Daymude

Michael Raymond Daymude

Posted

I did, Mr. Eschen. I caught it after posting. I too wish there was a way to edit after posting. I make a lot of such mistakes unless I cut and paste from a larger screen. It is so hard to proof your own work, especially when lines disappear in front of yer (sic) face.

Michael Raymond Daymude

Michael Raymond Daymude

Posted

BTW, I love the peanut gallery. Just like Question Time. ; )

Malosack Berjis

Malosack Berjis

Posted

I wish I knew what the Peanut Gallery was...

Michael Raymond Daymude

Michael Raymond Daymude

Posted

From Wikipedia: "A peanut gallery was, in the days of vaudeville, a nickname for the cheapest (and ostensibly rowdiest) seats in the theater, the occupants of which were all too willing [in the view of the performer] to heckle the performer."

Asker

Posted

Thanks for the reply ! So to clarify, they cannot serve my employer through Sheriff with the judgment letter only ? And it has to be with an earnings withholding order ?

Michael Raymond Daymude

Michael Raymond Daymude

Posted

I don't know what a "judgment letter" is. But, yes, your employer must be served with an earnings withholding order before you employer can withhold your wages.

Asker

Posted

I guess the technical term is not a judgment letter. Sorry. I was referring to the judgment won by the creditor that is mailed to me. And if they file earnings withholding order, I should be able to see that online. How about putting a lien on my property ? Is that avaialble online as well ?

Michael Raymond Daymude

Michael Raymond Daymude

Posted

If an involuntary lien is placed on your real property, the recorder will notify you by mail. Not certain about liens on personal property. Good luck.

Asker

Posted

Will this be the same case for levying bank accounts where the creditor has to file an order as well ?

Posted

The creditor will not give you advance notice. When the garnishment is served upon your employer, your employer must immediately give you legal forms. Read them. If applicable, file a Claim of Exemption with the Sheriff. There is no fee to file a Claim of Exemption. Unless you file it, 25% of your wages will be garnished.

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