Full question:
MY SON HAS A REPOSED CAR. IT WAS REPOSED ABOUT 2 YEARS AGO. AND JUST RECENTLY HE HAS GOT INFORMATION STATING THAT IF HE DOES NOT PAY FOR THE CAR, THEY ARE GOING TO GARNISH HIS WAGES. HE WORKS FULL TIME/GOES TO SCHOOL FULL TIME AND IS TRYING TO PAY OFF CREDIT CARDS ON HIS OWN. DOES NOT HAVE A PLACE OF HIS OWN, KIND OF STAYS ALL OVER CAUSE HE CANNOT AFFORD AN APT. AND PAYS FOR SCHOOL ETC. AND PAY OFF HIS BILLS. CAN THEY JUST GARNISH HIS WAGES WITH OUT HIS PERMISSION.
- Category: Debts and Credit
- Subcategory: Garnishment
- Date:
- State: California
Answer:
You might:
1. Repay the debt (make a deal directly with the creditor);
2. File a proposal to creditors; or
3. File for bankruptcy.
Unfortunately, once a creditor has instituted garnishment proceedings, the garnishment is difficult to stop without filing for bankruptcy. Many jurisidictions offer certain property exemptions to a debtor which will protect the property from the collection efforts of the creditor. In order to claim the exemption, the debtor must file certain paperwork with the court and creditor notifying both of the debtor's intent to exercise the exemption.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
