How to Stop California Unlawful Detainer Garnishments

Typically, a person is charged with unlawful detainer when he holds property --- usually a rental unit --- without paying for the property's use. If a landlord has obtained a writ of garnishment against you in California, you may be able to stop the garnishments if you qualify for an exemption.

Instructions

1

Talk to the person garnishing your wages to see if he might be open to setting up a payment plan. Some creditors are willing to accept smaller payments than the amount being garnished if you promise to pay the debt on a set schedule.

2

File for an exemption. In California, residents against whom a writ of garnishment has been obtained can ask for lower garnishment amounts, or stop garnishment altogether, if the garnishment is causing extreme financial hardship.

3

File for bankruptcy. Although it might sound like a drastic measure, bankruptcy discharges most unsecured debt such as debt due to a charge of unlawful detainer.

4

Consult an attorney. A California attorney familiar with labor law will be able to tell you whether you qualify for an exemption. An attorney can also prepare your Claim of Exemption form for you.