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I am filing my motion to set aside a default judgement early next week, after I collect a couple more declarations in support. My question is this.

On my last paycheck, I was garnished (well over 25% i might add!), and I need to make sure there is a stay pending my motion.

Is it automatic in california? Do I need a separate motion or can I throw it into the motion to set aside a default judgement?

Also, how can I recover the amount already garnished? Do I have to sue them? If so can I use small claims? Its for like $600.

By the way, I will be posting a thread soon about my progress so far, to hopefully assist others who have a judgement without service.

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