To collect on a debt a debtor’s wages can be garnished in the state of California. This can happen in a range of cases including past due utility bills to civil suits over broken contracts. It is common for landlords to garnish a tenant’s accounts to collect back rent. The courts are accepting of the action, but they want to ensure it is done the right way. When a plaintiff seeks to garnish the wages or accounts of a defendant they must show the California Court that the action is done in good faith. Requiring a garnishment bond serves as protection for the defendant’s wages and the plaintiff’s actions.
Why Is A Garnishment Bond Required?
Without having a garnishment bond or other type of surety bond in place, the defendant could suffer an unjust financial loss. While the courts are understanding that the plaintiff’s deserve the money they are owed, they are hesitant to simply let the plaintiff walk out of the room with it. By asking for a surety bond, the plaintiff will have full protection should the garnishment later be found unlawful or unnecessary.
How Much Does This Surety Bond Cost?
The cost of a surety bond such as a garnishment bond is going to vary in the state of California. Local policies must be adhered to and the overall amount of the money in question will play a role. Our team at Jurisco can help review the facts and determine who much a garnishment bond will cost in the state of California so the defendant can move on with their garnishment action.
Does the Defendant Have Any Recourse?
The defendant does have a chance to appeal the wage garnishment to a state court. He or she may argue that payment arrangements have already been planned and started, or alternatively show how the garnishments aren’t necessary in the first place because there is no outstanding money due.
These types of actions come early on during the trial process. The judge may allow the plaintiff to garnish wages from the defendant during the early process, but when a judgment is made that plaintiff may have to pay back whatever was garnished if the ruling goes in the defendant’s favor.