On April 30, 2015, plaintiff Action Professionals, Inc. (“Plaintiff”) obtained a default judgment against defendants Monica Marchetti (“Monica”)1 and John Marchetti (collectively “Defendants”) in the total amount of $6901.11. On June 13, 2018, a writ of execution was issued against Defendants in the total amount of $5801.99, reflecting the amount due on the judgment as of that date.
Plaintiff is now attempting to enforce the judgment through a wage garnishment against Monica. Defendant has filed a claim of exemption in which she asserts her monthly expenses meet or exceed her net monthly income, such that she has no excess funds to be paid to Plaintiff. Plaintiff opposes Claim of Exemption. As of December 18, 2018, the San Luis Obispo County Sheriff’s Office is not holding any funds.
Pursuant to Code of Civil Procedure section 706.050(a)(1), Plaintiff is only entitled to garnish 25% of Defendant’s disposable earnings. In other words, 75% of the income is automatically exempt from garni