I had a writ of garnishment judgement sent to my employer I am a realtor independant contractor since this was served I have had 3 checks that they did not take anything out and this was served 8 months ago now in April they took 25% of one of my checks the broker also did not file a response with the court, do I still have to pay or does the broker because they are in vilation of the garnishment laws? I called the clerk court and said I need to enter a stay on garnishment and get a court date. My question is do I have to do that since the employer did not respond properly and therefore the judegement could go against them, they can't collect from both can they? Also the judgement was granted because I did not go to court so it was by default, I thought because I was self - employed they could not garnish my wages, and also the creditor that filed the garnishment was not the original creditor.
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Hi Rosawilis
do I still have to pay or does the broker because they are in violation of the garnishment laws?
Can you tell the reason why you think that the broker is in violation of the garnishment laws.
As far as I know, when a creditor (be it OC or CA) brings judgment against you to garnish your wages, they send the "income execution notice" to your employer through the sheriff and the employer has no other option but to garnish your wage. Now since it has already been 8 months that the judgment has been brought against you, I don't think that you can file a motion to vacate the judgment any more.
The creditor can garnish a total of 25% of your wages. Even if are self employed working under a Realtor, the Realtor is giving you money for your service and so it can be considered a wage.
how do i file for a stay of execution on a wage garnishment
please tell me how i stop the wage garnishment
how to stop wage garnishment
Hi bernadeth,
Wage is garnished when you are not able to pay the money you owe to a creditor. A creditor gets a judgment against you and starts garnishment of your wages. If you want to stop the wage garnishment, you need to pay off the dues. If it seems impossible to pay the outstanding debt amount, you can request the creditor to agree to debt settlement. Debt settlement lowers the outstanding debt amount by 40-60%.
Hope this helps.
Regards,
Aaron
wage garnishment
how do i file a stay of execution with the courts or, a claim of exemption. Which filing is best, since my employer is taking over 25% out of my paycheck and not leaving enough for me to pay my living expenses.
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