How does a wage garnishment work?

I’m currently having my wages garnished at 25% each week between $285 and $300. I get paid weekly. I had a court hearing and the judge ordered me to pay $200 a month starting in about 2 months. Does that mean the 25% weekly garnishment will stop and the $200 a month will start up again then? It’s been about a month and they are still taking 25% each week. I have a letter that states. All monies being held by the levying officer shall be released to the judgment debtor forthwith. Levying officer shall pay $200 per month commecing in 2 months.

Asked on October 25, 2011 under Bankruptcy Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A wage garnishment works as follows:

1. a creditor obtains a judgment against a person.

2. the creditor then makes an application to garnish (levy upon) the judgment debtor's wages through his or her employer.

3. the judgment debtor can oppose the wage garnishment through a claim of exemption. If not done within a set time, the wage garnishment proceeds where 25% of the debtor's wages are sent to the sheriff who served the levy to go to the judgment creditor.

In your situation, it seems that the court modified down the amount being garnished to $200.00 per month from what you have written beginning in two months from the date of the court's order. To be sure, you need to carefully review the court's order on the subject.

Good luck.

 


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