Legal Question in Civil Litigation in California
Rick
I am being sued for personal injury/Damages. If the judgement goes against me, can the plaintiff garnish my wages?
I heard that they cannot garnish wages in civil cases such as this...I am beginning to ''they'' are wrong. (I was hoping they weren't). Thank you, rick
5 Answers from Attorneys
Re: Rick
Rick, send a copy of the summons and complaint to your insurance carrier immediately, asking it to defend you under your insurance policy. If you don't have insurance, then a judgment against you can have serious financial repercussions. A judgment creditor can levy against your wages, bank accounts, etc. You should make an appointment to talk with an attorney in your area IMMEDIATELY to protect you if you don't have insurance.
Re: Rick
Wage garnishment is only one of many collection remedies a judgment creditor has. The judgment creditor could also execute on your bank accounts. If you are being sued for personal injury, there may be an insurance policy that could possibly cover the claim, which could provide you with a defense and may cover the person's damages.
Re: Rick
Yes, once judgment is entered.
Re: Rick
Once a judgment is obtained, the creditor can garnish your wages.
Re: Rick
A judgment allows the creditor to seize any assets he finds, including wages, real property, personal property, etc. Also, it is too late for you to transfer anything out of your name, that would constitute fraud and be reversible. I suggest you hire counsel, and suggest you settle reasonably if possible. Of course, you could always file bankruptcy if hit with a big judgment you can't pay. You could also file an appeal if there were appropriate grounds for it, but appeals are quite expensive. Feel free to contact me if serious about getting legal help, if the case is in SoCal courts.