Legal Question in Civil Litigation in California
The owner of a small real estate business is sued for an error that occurred five years ago. Since the lawsuit was filed, the business owner suffered an injury that closed the business and left the owner with medical debt. The business owner has no assets (filed personal bankruptcy 3 years ago), is currently on state disability from the injury and the insurance policy that covered the business at the time of the error (5 years ago) has expired. If the plaintiff wins a monetary award, will future earnings be garnished if the business owner recovers and obtains a job or starts another business?
2 Answers from Attorneys
You're obviously asking the wrong questions because you have incorrect assumptions and understanding of the law and litigation.
You need to consult with counsel, and probably have them prepare a motion to dismiss and/or a demurrer based upon your stated 'facts', to get the case 'thrown out' for several legal reasons, including statute of limitations.
If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.
Yes, if a judgment is obtained and the defendant has assets, including wages, the wages can be garnished if the plaintiff chooses to do so.
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