Setting aside a Judgment and Stopping the Garnishment of Wages
One situation that we, as a firm, see often is a potential client seeking a consultation with us when they discover that there is a judgment against them. Usually, they are unaware of the lawsuit filed against them. However, they discover this too late and the other side has already put liens on their property or have garnished their wages.
In one of the cases handled by our firm, a client discovered that she had a judgment against her when she noticed that her paycheck was substantially lower than what it was supposed to be. She had never been served any lawsuit, and she had no idea that a lawsuit was even filed against her. After retaining our firm, it was discovered that a credit card company obtained a judgment against her.
Immediate action was taken, and a motion to quash the garnishment and to return all monies taken from the client was filed. The motion was argued in front of the judge and was successful, which stopped any and all garnishment of wages and returned all the money that was wrongfully taken from the client.
It is important to know that just because a judgment has been obtained against you, the law will allow it to be set aside if the other side wrongfully attained it. However, in order to combat the judgment and salvage wages, immediate action needs to be taken or you could lose that right. At Chung & Ignacio, our Rancho Cucamonga criminal defense attorneys are experienced in such cases. If you have a wrongful judgment set against you, one that affects your wages, you may have a claim for restitution. Contact our office at (909) 726-7112 to schedule a free consultation and learn your legal rights.