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  1. #1
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    Sep 2017
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    California
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    Default How to File a Reply to an Opposition to a Claim of Exemption for Restitution

    My question involves juvenile law in the State of: california my question is after I filed a claim of exemption for a wage garnishment for sons restitution . he was 19 when restitution was ordered ( 2009)the victims attorney named me as the parent or guardian jointly and SEVERALLY LIABLE for restitution pmts. I was not the parent or guardian jointly and SEVERALLY in control of minor when the crime was committed(2006). There's a wage garnishment against my wages now. I never received any notice stating that I could be liable for restitution pmts not was I given a notice for the restitution hearing. Can I file a reply explaining why I wanted a hearing to defend my wages?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: How to File a Reply to an Opposition to a Claim of Exemption for Restitution

    You are suggesting that your son committed a juvenile offense, and that there was a disposition after he turned 19. He was ordered to pay restitution as a result of the damage or injury he caused and, as his parent, you were held jointly liable for your son's restitution.

    Joint and several liability is not about control at the time of the offense. It's about your parental duty to pay restitution.

    You have apparently filed a claim of exemption in relation to your wage garnishment. We lack any information that we would need to assess whether you have a valid claim of exemption. It is reasonable to infer that the prosecutor or victim's lawyer has responded that you are not entitled to an exemption, or that some portion of the garnishment may proceed despite any applicable exemption. Do you need to inform the court that you want a hearing to determine if you qualify for an exemption? The court will have figured that out by the fact that you filed a motion claiming an exemption.

  3. #3
    Join Date
    Sep 2017
    Location
    California
    Posts
    2

    Default Re: How to File a Reply to an Opposition to a Claim of Exemption for Restitution

    I have a hearing date . california welfare & institutions code 730.7 states it's the parent or guardian in control of minor shall be rebuttably presumed to be jointly and severally liable with the minor in accordance with sections 1714.1 & 1714.3 of the civil code . isn't it a part of the punishment ? He's 28 years old now when does it become his responsibility to pay for something I had no control over or knew about I was paying my child support as well. Why isn't his mother named as the parent or guardian in control he was living with her at the time he committed the crime better yet why haven't the look for him ? The plaintiffs and their attorney have made me feel like. I was the one that done the crime. In going to loose my living arrangements due to this wage garnishment. The parent or guardian shall also have the burden of showing by a preponderance of the evidence that the parent or guardian was either not given notice of potential liability for payment of restitution prior to the petition being sustained by an admission or adjudication or that he or she was not present during the proceedings wherein the petition was sustained either by admission or adjudication and any hearing thereafter related to restitution. Can someone explain what this means please. Thanx

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