Legal Question in Credit and Debt Law in California
Parents protecting debtor
I had a wage garnishment served on the debtor's employer who happens to be her father. The employer responded (by letter, not the employer's return), stating that the debtor works only 15 hours a week and is paying on a garnishment from Family Support.
As evidence, the employer provided copies of 4 company checks that were in sequinal order, (1385-1388, 2 dated 10/5 & 2 dated 10/19)made out to the county family support division.
Am I justified in serving the employer with a third party debtors exam and a subpoena duces tecum for the company's bank & financial records?
2 Answers from Attorneys
Re: Parents protecting debtor
I suggest you perform a 3rd party exam. In some cases, an employer may be held liable for such a debt that he conspires to prevent collection upon.
Re: Parents protecting debtor
yes.