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What is the name of your state? CA

My original post fell off or I would have added to it.

OK, in a nutshell my BF was having his wages garnished for a judgement against him from a car accident way back in 1992.

He filled out the exemption forms and just heard back that it went through and took place on 5/5 and they are also refunding all the money they had taken from him.

Now our understanding is that this just buys him some time and they can file again immediately and start garnishing his wages all over again? OR does the exemption that he just did take effect for a certain lenght of time before they can attach his wages again? How soon CAN they come after him again now that the exemption is in effect?

We still think he may need to persue BK as each time they do this (attach wages) it puts him right back at square one with not enough money for living expenses for him and the kids.

Do we have time to breathe and get all the forms and information in order... or should we rush and get it ASAP while the exemption has just gone into effect?

Thanks for your time

What's the exemption he filed? You didn't mention that in your post.

In addition, the SOL in CA is:

Open Acct.: Reduced to writing-4
Open Acct.: No writing-2
Written Contract: 4
Domestic Judgment: 10 (renewable at 10)
Foreign Judgment: 10 (commencing with judgment debtor's commencement of CA. residence.)

What was this debt for? Medical bills he incurred, medical bills he's responsible for, for the other party? Car loan? What?

The exemption he filed was to stop the wages from being garnished. Had to provide a financial statment/balance sheet shoinw all income and his expenditures. It went through on 5/5 and he was told all monies already taken (3 paychecks) will be returned.

The initial judgement from 1992 was the other person property damage (vehicle I believe) when he was a teenager. No injuries to either driver and at that time he had no insurance.

Just trying to find out if another garnishment can be filed right away now that this one has been stopped, or if there is a time limit before a new one can be filed.

Hope that helps.

[Ladynred]

IF they refile another writ of garnishment, the needs to keep all those exemption forms and financial statments handy. They may not be able to garnish again too soon (have to check the statutes), but you can bet the WILL try again. As soon as he knows they're after him again, he'll have to appeal it immediately and he'll need to file the exemption, again, to show that his financial situation has not changed.

It does look as if the SOL has expired. Ladynred, what would this type of debt be categorized as? I would think it would fall under judgment because the court ordered him to pay the medical bills. 10 years has come and gone.

to find the SOL for this?

You would think that it would be a waste of time for them to resubmit as soon as they find out he has the exemption stop the ganrnishment... that you would wait 6 mo to a year before trying again as financial situations don't generally change that fast. Plus every garnishment would immediatly be countered with another exemption request again.

I think this would fall under domestic judgement.
It has been renewed one time and just now coming after him for payment as he has now been in his current job a little over a year and his income is more stable.
Prior to that he was unemployed for about 7 months (laid off) and before that had several odd jobs partime and some self employement work he did.

So it's sounding like an exemption doesn't do anything except stop the garnishment here and now. Doesn't keep them from turning right around and re-attach his wages immediately (no set "grace" period till they can come after him again). And each time they do this he would have to do the exemption all over again. Unless he files BK.

I was wondering how he was exempt? Is it because of the amount of money he makes?

Since something's been "renewed" then it's probably a judgment like you said. I don't know why they bothered renewing because it's obvious that he doesn't have the funds to pay this thing off. I guess 200 points to them for tenacity, huh?

[Ladynred]

If the judgment had not been renewed, then it would have expired last year. But, with the renewal its still valid.

You would think it would make sense for them to leave him alone for at least a year, but I'd be prepared for them to keep trying to garnish every 3-4 months. There was a woman who posted on another board about a similar situation. They kept refiling the writ every 3-4 months and he had to keep refiling his exemptions !!

Its a pain, but unless he files for BK to get rid of it for good, its something he's going to have to keep fighting.