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  1. #1
    Join Date
    Jul 2007
    Posts
    8

    Default Claim of Exemption

    This is in the State of CA

    I have a judgment against me and a wage garnishment was just served to my work. I am a single mother, I file Head of Household and could not survive financially of ANY of my wages were garnished. I have filed a claim of exemption and have an upcoming court date. Does anybody know what the judge may do or ask? Any advice? What are my chances of getting out of the garnishment ??

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Claim of Exemption

    What are my chances of getting out of the garnishment ??
    We can't answer that. We have no idea about your personal situation.

    The judge may ask for proof of income and an accounting of all of your necessary expenses. Answer all questions absolutely truthfully. Do not attempt to fudge anything, not even a little bit.

    He'll make his determination based on the information you provide.

  3. #3
    Join Date
    Oct 2008
    Posts
    5

    Default Re: Claim of Exemption

    Your chances of winning are good if what you say is true and you can prove it. California is considered by many to be a "Pro-Debtor State" which means claim of exemptions are usually granted to people in your situation from what I've seen. The judge will probably modify the garnishment to deduct an amount that won't hurt you as much. It may be in your best interest to call the judgment holder and work out a payment plan.

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