Legal Question in Civil Litigation in California
geting sued
im getting sued for an old car accident i never went to court and lost by default im on disability and i just received a letter from there lawyer saying i have to pay or send proof that i am disabled will they garnish my disability check? i actualy think its the insurance thats suing me
1 Answer from Attorneys
Re: geting sued
When he said that you had to pay or show you were on disability, he was saying that they would not seek payment if you were on disability. So send him proof and volunteer to send more relevant documents if absolutely needed. An insurance company often will go after small claims which a private plaintiff's attorney will not because of their low value. If they get a judgment, they will turn in over to a collection agency.
In your case, they have said they will not go after you. I do not think they could, anyway, garnish a disability check because it is issued by the government for a personal injury and could not be touched by them until you actually got it.
A judgment for money can be collected any time within 10 yeas of the date of the recording of the judgment; it can be renewed every ten years and normally bears 10% interest from the date of the judgment until paid.