AB 1321 proposes to change the exemption process with regard to EWO's by requiring that once debtor files his claim of exemption, it would be sent by the sheriff to the employer with instructions to the employer that the withholding should be reduced by the additional amounts the debtor claims is exempt. If the creditor successfully opposes the claim, the employer would then be served with a copy of the order and adjust the amount of earnings withheld accordingly. Otherwise, the employer’s adjustment to the amounts withheld pursuant to the debtor’s claim of exemption will stand. In other words, the garnishment amount will reduce immediately based on claim of exemption, without having to wait for a judicial determination on the exemption.
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I cannot believe how our government does not understand that most judgment debtors stole money, defrauded someone, or ripped someone off to get sued. It is not fair to restrict judgment recovery like this. Mark Shapiro, JudgmentBuy.com
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