Legal Question in Personal Injury in California

If judge rules in favor of plantiff in small claims court to pay costs involved in dog attack and defendant is not employed, will the defendant wages be garnished when he does gain employment at a layer day?

Asked on 9/13/14, 2:09 pm

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Yes, if the plaintiff does the correct steps to garnish the defendant's wages. A civil judgment is good for 10 years, and can be renewed for an additional 10 years if done correctly.

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Answered on 9/13/14, 2:46 pm
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

Correct. When the defendant does obtain a job because a the garnishment provision will stand for ten years in a civil judgement. Just because the defendant does not have a job now does not mean the garnishment will kick in later when they do become employed.

I have clients that have the nightmare of defendants that were contractor's that actually refuse to WORK because they don't want their pay to be garnished. They do this out of spite.

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Answered on 9/14/14, 11:17 am
Terry A. Nelson Nelson & Lawless

The court does nothing to collect your judgment, it is up to you to take action. If you can find his assets or income you can levy through the sheriff. You can file for a 'Judgment Debtor Examination' hearing to force him to show you all his sources of income and his assets, if he has any.

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Answered on 9/14/14, 1:21 pm

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