Legal Question in Civil Rights Law in California

wage garnishment

17 yrs ago, I was unemployed and on county assistance. I used the services of a public defender. I believed that this service was free to me as quoted in my ''Miranda Rights''. I have never recieved any type of billing for this service until recently. My wages are now being garnished for the public defenders service from 17 yrs ago. Can they do this?


Asked on 6/05/09, 7:08 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: wage garnishment

If the county sued you and got a judgment years ago, kept it renewed, and is now levying on you, there is probably nothing you can do now except negotiate a 'deal' with them, using whatever arguments and persuasion and sympathy may exist. That is the only logical explanation, since a levy requires a valid judgment, and they couldn't have just sued you and gotten a judgment; the statute of limitations for bringing suit expired years ago.

Whether you knew about being sued or not, whether you were properly served or not, any possibility of setting aside a 'default' judgment is probably also long passed. I hesitate to recommend using an attorney you'd have to pay, but it might make sense to have one make the best legal arguments available and try to work out a deal that is better than you could do on your own. The county probably would just 'blow you off' without counsel.

I'm guessing that the financial crisis is motivating agencies to search their files for 'loose ends' and old paper trails they can squeeze for money. Tag, you're it.

If serious about having counsel help you, feel free to contact me.

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Answered on 6/05/09, 7:50 pm


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