Question:

Had wages garnished and got it overturned by judge. Now its showing disposable judment. What does that mean?

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Ok. about two years ago this creditor sued me and started to garnish my wages. I went back to court and asked for exemption. The judge awarded the exemption and release of all the wages that were garnished back to me. Now the same creditor started to garnish my wages this month. What do I do? Can I do anything? I am a single mother of 5, I want this off my back. Oh and also before I knew about credit rights and all I didnt fight for statute of limitations on this orginally. My last payment to them was in 2001. Is it too late to do anything about that?

Before I get anyone judge me and say pay your debt you debtor, I have a son on life support and this is the year he was born. Since then my financial life has been a roller coaster ride.

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  1. The only answer I can come up with is that the term "disposable judgment" means the judge awarded the creditor a writ of garnishment on disposable income only.

    The only way you would get an exemption is either due to unemployment or you were receiving federal assistance.  This would make you judgment proof only until your income changes.  

    Has your income changed lately, if so, then the exemption can be dismissed and the creditor would once again start up the garnishment.

    The California statute of limitations on judgments is as follows:

    Domestic Judgment: 10 years (can be renewed at 10 years)

    Hope this answer is of help to you

    LEGAL DISCLAIMER: The answer provided here is intended for informational purposes only. It is not intended nor presumed to be legal counsel or professional legal advice


  2. When you say exemption? does that mean that the creditor was

    supposed to stop collecting wages or also return de money?

    If there is an order from a judge and this creditor is not obeying, take

    him back to court, or talk to the judge dont let this go. A lot of

    creditors think they can get away with harassing consumers.

    Specially because of your situation, all medical expenses related to

    your son, if the judge gave you the exemption it should be obeyed.

    Good luck!!!

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