How to stop wages from being garnished after a writ of execution was filed without notice?

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How to stop wages from being garnished after a writ of execution was filed without notice?

I would like to know how to stop wages from being garnished?

Asked on February 14, 2011 under Bankruptcy Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your exact circumstances will lead to the decision you make on which avenue to pursue to stop the 25% wage garnishment. You claim here that you had not "notice."  Does that mean that you were not served with any paperwork as to a judgement being sought against you?  Then you may be able to vacate the default judgement bsed upon the lack of notice but an attorney may need to help you with that.  Another option is to file a claim of exemption with the court to stop the wage garnishment if you cannot buy the most basic of living necessities after the 25% wage garnishment. You can find this form at your local courthouse or have an attorney help you out with this. When you go to court for this claim, make sure you have documented proof of your income and expenses to prove your claim of expemption.  If you are considered low income it is possible to file for a reduction in the 25%.  May I suggest some help with all of this from an attorney or debt counselor in your area.  Good luck.



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