California  |  Bankruptcy

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10/28/09, 5:18 pm

Legal Question


Can Bankruptcy release you from a California EDD wage garnishment? Even if the overpayment was fraudulent?


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11/02/09, 6:54 pm

Legal Answer


The automatic stay would temporarily halt the garnishment. If the debt was discharged, it would be halted permanently. If the overpayment was fraudulent, then the EDD would have to file the property legal proceeding in bankruptcy court called an Adversary Proceeding to object to you receive a discharge of that debt.

Carl Starrett

Law Offices of Carl H. Starrett II
1941-C Friendship Drive
El Cajon, CA 92020-1144

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