Legal Question in Credit and Debt Law in California
Can welfare be garnished?
I let a former friend borrow $9000 to get his car out for repo and for some other things. When I asked him to start paying me $100 per month he refused to and stopped all communication with me. Assuming I get a ruling against him how can I get him to pay? Last I heard his only known source of income was welfare. Can I get a ruling at will allow for the garnishment of his welfare? Would there be a way to force the sale of his cars or other property? Or would I have to wait for him to get a job and then start garnishing is pay? Could he be required by court to inform me when he gets a job? I know that�s a lot of questions but answers any or all are greatly appreciated. Thank you.
3 Answers from Attorneys
Re: Can welfare be garnished?
You used poor judgment in lending $9000 to somebody on welfare. I wouldn't waste the court filing fee going after them.
Re: Can welfare be garnished?
If you get a judgment, you can set an order of examination. He would have to come to court and document his income and assets. You could, in theory, then have the sheriff execute on his assets. Since attorneys fees would be more than $1,500, you should probably file a lawsuit in small claims court, where the cap is $7,500.
And, no, you cannot garnish welfare.
If you elect to use small claims court, email me at [email protected] for my free e-book on small claims court.
Re: Can welfare be garnished?
Welfare cannot be garnished. However, a judgment, so long as it is renewed at least once every 10 years is good forever. If your friend ever does get a job or property or money you will be able to collect then, with accrued interest. The interest rate is 10% per year and can be compounded each time the judgment is renewed. I have collected judgments as much as 20 years old, and as much as 3 times the original amount of the judgment.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
