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?


Asked on 10/25/01, 6:27 pm

2 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

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.

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Answered on 12/09/01, 4:09 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Parents protecting debtor

yes.

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Answered on 11/22/01, 4:47 pm


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