Legal Question in Civil Litigation in California
limited civil suit
and individual misrepresented himself alleging an over payment belonged to him, he threatened to sue if the money was not given to him, so it was wired into his bank account, several months later a letter was sent from the entity, demanding the return of over payment, a little too late, the entity is now garnishing benefits, and the individual who received the $14,000.00 never reported receiving it, but we have evidence, can this person be sued, through a Limited Civil Suit, based on fraud and intentional misrepresentation, because money is being garnished as a sole result of his actions, and we can prove everything?
1 Answer from Attorneys
It sounds like the person you gave the money to committed fraud and/or a related tort. You can sue him on that basis, assuming that the limitations period hasn't expired and that you haven't waived your rights.
That your wages are being garnished is beside the point; you were injured when you gave him the money and not when its rightful owner began collecting from you.
This person may also have committed various crimes when he tricked you into giving him the money. You may want to report him to the police.
It's not clear to me why the entity is allowed to garnish your income. Ordinarily that could only be done after it sues you and a court enters judgment in its favor. Did that happen?
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