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California

This page is being prepared. California-specific information on debt-collection lawsuits, wage garnishment, bank-account restraints, exemptions, and statutes of limitation will be added here after attorney review. In the meantime, use the general courses and calculators, or request a consultation.

State laws and court rules change. The information below is general and was last reviewed on the date shown. Verify any deadline or rule with the official source cited, or consult an attorney licensed in California.

Debt-Collection Lawsuit Basics

TO BE POPULATED. Add: California limited civil vs. unlimited civil vs. small claims based on claim amount, the answer deadline (generally 30 days after service of the Summons), and default-judgment consequences.

Sources

  • Add Cal. Code Civ. Proc. citation
  • Add California courts self-help resource URL

Wage Garnishment

TO BE POPULATED. Add: California's garnishment limits (generally the lesser of 25% of disposable earnings or 30x federal minimum wage, with a low-income exemption under CCPA § 706.050/§ 706.051), the claim-of-exemption process, and debts with different rules.

Sources

  • Add Cal. Civ. Proc. Code § 706.050 citation
  • Add 15 U.S.C. § 1673 (CCPA)

Bank-Account Restraints and Exempt Funds

TO BE POPULATED. Add: how a creditor levies a California bank account after judgment, which funds are exempt (Social Security, SSDI, VA, and California's exemption scheme under CCP § 704/§ 703), and the process and deadlines to claim exemptions.

Sources

  • Add Cal. Civ. Proc. Code exemption citation
  • Add 31 C.F.R. § 212 (exempt benefits)

Statutes of Limitation

TO BE POPULATED. Add: California's limitation period for written contracts and credit-card debt (generally 4 years under Cal. Civ. Proc. Code § 337), what restarts the clock, and how to raise the defense if sued on a time-barred debt.

Sources

  • Add Cal. Civ. Proc. Code § 337 citation

Need help in California?

A consultation can help you understand how these rules apply to your situation.

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General educational information. This is not legal advice and does not create an attorney-client relationship.

Attorney Amy Ginsburg is responsible for the content of this communication.

Information is general in nature and may not apply to your specific situation. Laws vary by state and change over time. Nothing on this platform should be used as a substitute for the advice of a competent attorney licensed in your jurisdiction.

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General educational information. This is not legal advice and does not create an attorney-client relationship. Attorney Amy Ginsburg is responsible for the content of this communication.

Attorney Amy Ginsburg is responsible for the content of this communication.

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