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Form Interrogatories from Revenue Recovery Probation - wages already garnished

San Luis Obispo, CA |

My husband was involved in a hit and run with a tree with a rental car in my name. He told me he was car jacked I told police that info and when they came to the house I was told about the hit and run by them. They filed a complaint against me for filing a false police report. The judge ordered 1 day in jail, $500.00 fine. I was also ordered to pay restitution for the car in the amount of $20,000. My wages have been garnished though FTB for the past 2 years and my probation was extended in 2007 to 2010 to pay. The probation department is now sending me letters to provide them financial info and I just received a letter with a different amount to pay, same case number to pay the balance in 30days or wages will be garnished they already know my wages are garnished

Do I have an opportunity to request a restitution hearing on this? The letters are threatening court action if I do not comply with all of their requests even though I did so when this all happened. The car was fully insured and I have not been able to get any information from my husband with whom I have been separated from since this happened in 2005 nor the car company, nor the courts on why the insurance did not cover this I do know that he did not have a DUI connected with this .

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Attorney answers 1


Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Did you purchase any insurance when you rented the car? Did you or your husband have any other insurance policy in effect that could provide you coverage? If so, you should tender the claims to those insurance companies. If your wages are already garnished, they probably cannot get much more from you. You should also consult your own bankruptcy attorney to know all of your options.