Legal Question in Civil Litigation in California

Rick

I am being sued for personal injury/Damages. If the judgement goes against me, can the plaintiff garnish my wages?

I heard that they cannot garnish wages in civil cases such as this...I am beginning to ''they'' are wrong. (I was hoping they weren't). Thank you, rick


Asked on 4/15/08, 1:43 am

5 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Rick

Rick, send a copy of the summons and complaint to your insurance carrier immediately, asking it to defend you under your insurance policy. If you don't have insurance, then a judgment against you can have serious financial repercussions. A judgment creditor can levy against your wages, bank accounts, etc. You should make an appointment to talk with an attorney in your area IMMEDIATELY to protect you if you don't have insurance.

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Answered on 4/15/08, 2:18 am
Daniel Harrison Berger Harrison, APC

Re: Rick

Wage garnishment is only one of many collection remedies a judgment creditor has. The judgment creditor could also execute on your bank accounts. If you are being sued for personal injury, there may be an insurance policy that could possibly cover the claim, which could provide you with a defense and may cover the person's damages.

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Answered on 4/15/08, 8:17 am
Joel Selik www.SelikLaw.com

Re: Rick

Yes, once judgment is entered.

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Answered on 4/15/08, 10:20 am
Steven Kuhn Steven Kuhn

Re: Rick

Once a judgment is obtained, the creditor can garnish your wages.

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Answered on 4/15/08, 11:28 am
Terry A. Nelson Nelson & Lawless

Re: Rick

A judgment allows the creditor to seize any assets he finds, including wages, real property, personal property, etc. Also, it is too late for you to transfer anything out of your name, that would constitute fraud and be reversible. I suggest you hire counsel, and suggest you settle reasonably if possible. Of course, you could always file bankruptcy if hit with a big judgment you can't pay. You could also file an appeal if there were appropriate grounds for it, but appeals are quite expensive. Feel free to contact me if serious about getting legal help, if the case is in SoCal courts.

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Answered on 4/15/08, 1:21 pm


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