Legal Question in Credit and Debt Law in California

Small Claims Court

If I loose in small claims court for a verbal debt between two individuals, can my wages be garnished?


Asked on 6/19/08, 7:57 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Small Claims Court

Sure.

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Answered on 6/19/08, 8:12 pm
David Gibbs The Gibbs Law Firm, APC

Re: Small Claims Court

Unfortunately for you, yes. Once a judgment has been issued by the Small Claims Court, the judgment creditor (the person who sued you and won) can levy against any deposit accounts you may have, may garnish your wages, may haul you into court on what is called a "judgment debtor exam", and can generally make your life pretty miserable until it is satisfied. They may also chose to turn the judgment over to a collection agency. Finally, the judgment will eventually appear on your credit report.

I'd suggest contacting the judgment creditor and try to negotiate some sort of payment plan you can live with, then document it. The other option, if you are within the time frame to do so, you may appeal the judgment which would have the effect of stopping collection efforts for now until the appeal is heard.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 6/20/08, 12:41 pm


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