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California Debt Blog: FAQ: How do I fight a wage garnishment?

March 31, 2007 by Jonathan Stein

Q: I owe a judgment. They are attempting to garnish my wages. How do I fight this?

A: There are basically four options:

1. You can attempt to reduce or eliminate the garnishment, by filing a Claim of Exemption and a financial statement with the Sheriff’s Department. You can either claim all of your wages exempt or agree to have a lesser amount withheld from your check. If the judgment creditor does not object, then then the garnishment will be changed in accordance with your claim form. If the creditor objects, the court will schedule a hearing and determine how much should be withheld from your check.

2. You may be able to have the judgment set aside. You will need a reason and you must file a motion or an appeal. This should be done with an attorney.

3. You can consider bankruptcy. This would stay the garnishment.

4. You can call the creditor and attempt to negotiate the garnishment amount. This may work, but be careful and make sure you get any agreement in writing.

Categories: FAQ, Legal Process

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