Legal Question in Appeals and Writs in California

How to reverse a claim of exception

I was served a bank levy for $1431.00 after a judgment was entered against me by default (I was not served properly in 1999 and did not even know about the suite, but that is another story!) I filed a claim of exemption with the sheriff's office to buy time to fight the original judgment. When I went to court to copy my case file, I found out that the collection attorney has just filed to garnish my wages. I think at this point I am just content with paying the 1400. The question is, how do I stop the wage garnishment? Can I withdraw my original claim of exemption? And if so, will they have to stop the wage garnishment? Do I need a lawyer?

Thanks.


Asked on 6/17/03, 3:30 pm

1 Answer from Attorneys

Douglas Bedard Law Office of Douglas Bedard

Re: How to reverse a claim of exception

You asked, "how do I stop the wage garnishment? Can I withdraw my original claim of exemption? And if so, will they have to stop the wage garnishment? Do I need a lawyer?"

In reverse order, I don't think so--only because you'd spend more than the judgment on legal fees.

As for the garnishment, unless the case is actually on appeal and you've posted a bond of at least 1.5 times the amount of the judgment, there is nothing that prevents a judgment creditor from pursuing collection of the judgment in any way the law allows. That includes garnishing wages. Given all that, paying the judgment in full (plus the costs of collection, which may include legal fees if the judgment so provided) is the only effective way of stopping the garnishment you described.

As for the claim of exemption (I think that's what you meant--a document saying that certain of your assets/some of your income is exempt from judgment levy by statute), there's no benefit to withdrawing it even if you could--as noted above, it doesn't stop collection out of non-exempt assets.

The moral of the story is that, whether or not you think you were served "properly" with a lawsuit, don't leave that to chance--consulting with an attorney at that point can save you grief down the road.

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Answered on 6/18/03, 2:32 am


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