Legal Question in Civil Litigation in California

File suit for not paying judgment.....

Good morning, i sued and won a judgment, i tried to collect using garnishment and no luck there,employer to big to go after for not complying with a court order garnishment ( to many dba's and to many contacts and so on! spend $120 on filiing and process serves wrong name ect, and i do understand what they are doing is in contempt ) and tried to do a debtors exam and with no prevail ( she a slippery gal) so i deceiced to sue her again( sheriff can sub serve her) for not complying with a court order( she tells the employer to not pay)question is can i do this? and do i need to sue in the same court i prevail? and last, how would i word the complaint? thanks


Asked on 4/24/04, 11:23 am

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: File suit for not paying judgment.....

You don't get to sue again. You could be sanctioned for doing so. You get to collect your judgment if you can. Hire a collection attorney if the judgment is big enough to be worthwhile. If it is, contact me to discuss.

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Answered on 4/26/04, 1:40 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: File suit for not paying judgment.....

There is no good reason to sue someone for not paying a judgement, since the judgement already gives you the right to collect from the defendant. Besides, collecting from her on a subsequent judgment will be no easier than it has been on the first.

I suggest hiring a collection agency to go after her for you. They are experienced in dealing with this kind of behavior and will likely have a much easier time collecting than you will on your own.

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Answered on 4/24/04, 6:00 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: File suit for not paying judgment.....

It's not clear to me why or how her employer is "too big" to have to comply with a wage garnishment order. They have to comply. You might be able to sue the employer. But you are in over your head, you might want to get a collection law firm involved.

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Answered on 4/26/04, 1:30 am


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