A creditor has a judgment and you don’t want your wages levied…So what do you do?

A creditor has a judgment and you don’t want your wages levied…So what do you do?

In California only one creditor can levy a person’s wages at a time. The first creditor to get to the debtor’s wages wins.  All other creditors must then wait until the first creditor is paid off before they can levy any wages. 

Nothing in the law prohibits you from allowing a wage garnishment from a particular creditor.  Why not allow your brother, sister or a friend (“Friendly Creditor”) who previously loaned you money, to sue you and obtain a judgment before the other creditors.  Then the Friendly Creditor takes their judgment and begins levying your wages at $25 a pay period.  The Friendly Creditor does this before any other creditor has a chance to react.  The Friendly Creditor becomes the creditor first in line and now prevents all other creditors from garnishing your wages until the Friendly Creditor’s judgment is paid off.  This even works against the IRS or the State Taxing Agencies.

In California a creditor can sue in small claims court for an amount up to $7500. Every judgment carries 10% interest per year.  If the Friendly Creditor garnished your wages for $25 a paycheck (and the debtor is paid twice a month) the Friendly Creditor would receive $600 per year.  However, the judgment would continue to accrue up to $750 in interest per year. Under this formula it would take years for the Friendly Creditor’s judgment to be paid.  Thus, the Friendly Creditor’s judgment will prevent any other creditor from garnishing your wages for several years.

 



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