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I have a wage garnishment at the sheriff against someone who is going to file bankruptcy are there exceptions?

Manteca, CA |

I have a wage garnishment against someone who acted dishonestly and broke a civil code 56.36 the amount was awarded not as a debt but malicious intent and negligence damages. Can she discharge the amount owed to me in bankruptcy? I have been told she is going to do it when she gets the notice from the sheriff.

Attorney Answers 3


  1. there are exceptions. the fact that she's threatening to file bankruptcy does not mean that she will be discharged in bankruptcy. if she does file for bankruptcy theres is always the chance that the bankruptcy will be dismissed. if its not dismissed you should see about obtaining an attorney to represent you to challenge the discharge of your judgment. you will have to make the decision whether the cost of retaining an attorney is worthwhile based on the size of the judgment. good luck.

    Disclaimer: The foregoing answer does not create an attorney-client relationship with Attorney Cannella or her firm. This answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter, is not legal opinion, nor confidential in nature. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully.


  2. Ms Cannella is correct. I would only add that your garnishment will have to stop if she files ... but can resume when the stay is lifted if you have obtained an Order that her debt to you is not dischargeable. You will probably need an attorney to obtain such an order.


  3. talk to a local BK attorney who can advise regarding the impact of the bankruptcy on the garnishment and also the ultimate dischargeability of the judgment you have.