Legal Question in Business Law in California
Hello,
Can you tell me if liability for a civil penalty is transferrable to my wife upon my demise? I live in California, and I had a civil penalty assessed against me, personally, for operating a franchise without a contractor's license. My partner and I were told by the franchisor that the license was optional. We were incorporated at the time of the assessment. Thank you!
Johnathan Cartier
1 Answer from Attorneys
Civil penalties are enforced in the same manner as judgments. That means any civil penalty against you personally can be enforced as a civil judgment against you. Your separate property and your community property can be looked to for satisfaction of the judgment. Upon your death, if you wife takes property or a distribution without satisfaction of the penalty, the creditor can go after wife.
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