McCallop v. Carberry

Opinion

BURKE, J.

Upon plaintiff’s complaint for declaratory and injunctive relief, alleging that in violation of due process requirements his wages had been attached prior to judgment and that additional levies were threatened, 1 the trial court issued its order to defendant sheriff to release all moneys held by virtue of prejudgment wage attachment and restraining defendant from any further prejudgment levies on wages. Defendant appeals.

As will appear, we have concluded that the trial court was correct in ruling that California’s prejudgment wage garnishment procedure violates procedural due…