What do I do when trying to collect on a judgment by garnishment and there is already someone garnishing the same person?

Asked about 1 year ago - Riverside, CA

We won a judgment against a person who wrote our business a bad check. When we finally got the papers filed and sent to the sheriff to garnish her wages, we got a report back that there was someone already garnishing that person. Do we need to re-file the papers with the court and try again or what do we do?

Attorney answers (2)

  1. Isileli Tupou Manaia Mataele

    Contributor Level 19


    Lawyer agrees

    Answered . If they are being garnished at the maximum amount, then there is nothing you can do but you will need to try to levy other assets or collect another way.

    This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation.... more
  2. Brian R. Johnston

    Contributor Level 8

    Answered . Mr. Mataele is correct in that you cannot garnish a person's wages when they are already being garnished (certain exceptions apply.) He is also correct when he says that there are other ways to collect, such as a bank account levy, seizure and sale pf personal property, etc.

    These other ways require obtaining information about the Debtor's assets, which may require serving the Debtor with an Order to Appear for a Debtor's Exam, with an accompanying Subpoena for documents, or even the services of a Private Investigator.

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