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What papers will I get? It will not only tell you the court date information, but will tell you if the creditor will go to court or not.
If you go to the hearing, take bills, paycheck stubs, canceled checks and other evidence and witnesses that will help you prove that you need your earnings to support yourself and your family. At the hearing, the judge will make the final decision.
If the judge agrees with your claim of exemption, you will get your money back and the judge will order your employer to stop withholding your earnings or withhold less money.
If the judge agrees with the creditor, your employer must continue to withhold your earnings unless you appeal to a higher court. Appeals are complicated, so talk to a lawyer if you think you want to appeal. If you have a court hearing, do not file another Claim of Exemption about the same Earnings Withholding Order unless your finances have gotten worse in an important way.
If the judge orders that the Earnings Withholding Order be changed or ended, the levying officer must sign the notice to your employer. The levying officer may give you permission to deliver it to your employer or it can be mailed. Contact the court clerk about setting a court date. The levying officer must receive Form WG within 10 days of the mailing date on Item 1 of Form WG or the Earnings Withholding Order will be canceled or changed as requested by the debtor on the Claim of Exemption.
Make sure the Proof of Service on the back has been completed and the signature on that part is also the original. The court must receive this document within 10 days of the mailing date on Item 1 of Form WG Before the court date, the levying officer will file the original Claim of Exemption and the original Notice of Opposition to Claim of Exemption with the court. The debtor must be served at least 16 court days before the hearing if served in person.
If the debtor is served by regular mail from a California address to a California address, the debtor must be served at least 16 court days and 5 calendar days before the hearing. The creditor is not required to, but may choose to go to the court hearing and explain to the judge why the money the creditor is trying to collect is not exempt.
If the creditor does not want to go to the court hearing, he or she can check box 3 on the Notice of Hearing on Claim of Exemption Form WG If going to the court hearing, the creditor should take each form he or she filled out and the Claim of Exemption. Other non-wage garnishments and levies. Claim of exemption for a levy or other non-wage garnishment A Claim of Exemption is a form a debtor files with the levying officer like the sheriff or marshal explaining why the property or money that the creditor wants to take should be exempt excluded.
The levying officer will hold on to your property or money until: 10 days go by and the creditor does not oppose your claim of exemption; Or The judge makes a decision at the hearing on the claim of exemption. If the creditor does not oppose your claim of exemption, the levying officer will return your property or money to you.
Following a trial or specific motions , the court will often render a judgment. This is a court order that is a decision in the lawsuit. In the event the plaintiff prevails in the case, it specifies how much money to which they are entitled from the defendant.
Accordingly, a plaintiff may need to pursue other options in order to enforce the money judgment they have been awarded against the defendant. If the defendant fails or refuses to pay the judgment voluntarily, it may be necessary to contact an enforcement officer — this is typically a Sheriff or a City Marshall, depending on where you live. You can inform the enforcement officer that you wish to request an execution from the court.
An execution order allows them to seize money or property from the defendant to ensure the judgment is paid. You can use the pre-printed questions on the subpoena or write your own questions.
The Small Claims Court Clerk will provide you with an information subpoena for a small fee, you can purchase the necessary forms from a legal stationery store, or copy the forms from a law form book found in a Public Law Library. The information subpoena must be signed by the Small Claims Court Clerk. After the form is signed, make copies for yourself and send the subpoena, two copies of the written questions and a self-addressed envelope with the correct postage attached by regular mail or certified mail, return receipt requested to the Judgment Debtor and anyone else you think may know about the judgment debtor's assets, such as: an employer or any banks where you know the Judgment Debtor keeps an account.
If you have a canceled check from the Defendant, the back of that check should indicate the name and address of the bank where the Judgment Debtor keeps an account.
With this information, the enforcement officer can seize the money in the account and use it to satisfy your judgment. If so, the enforcement officer can take the car and sell it to pay you your money.
You must be able to tell the enforcement officer the model, year, license plate number and location of the car. Also be aware that if the Judgment Debtor borrowed money to buy the car, that loan must be repaid from the sale before you can get any money. Similarly, if the Judgment Debtor owns real estate, it can be sold to pay your judgment.
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