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Judgment was entered against me — wage garnishment next?

CAdeepwater1 month ago

Default judgment for $4,800 entered last month. I never got the summons. What can I do?

1 reply

✓ Verified answer from a licensed attorney — shown first

Adina Cohen avatarAdina CohenVerified Attorney1 month ago

Two parallel tracks. (1) Motion to set aside the default judgment — CCP §473 in CA lets the court vacate a default within 6 months of entry on the grounds of 'mistake, inadvertence, surprise, or excusable neglect.' If you genuinely never got the summons (sewer service is common with debt-buyer plaintiffs), file the motion + your declaration explaining what happened. (2) Defensive — if the judgment stands, in CA the creditor needs an Earnings Withholding Order to garnish wages, and you can file a Claim of Exemption to reduce or eliminate the garnishment if it would cause financial hardship. Federal law caps wage garnishment at 25% of disposable income; CA caps it lower for low earners. If the underlying debt is also dischargeable in bankruptcy, that's the nuclear option.

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Please readThis is a community space for sharing personal experience — it is not legal advice, and posts here are not from Lawma or your attorney. We strongly encourage you to post under an anonymous handle, keep questions general, and avoid posting private details of your active case. For advice about your own situation, message your attorney.