A judgment creditor tried to levy my personal assets but at that time I was judgment proof, with no assets and unemployed. Now,

Asked over 1 year ago - Los Angeles, CA

I have moved to California and have 1099 job, with assets with little value. My question is, 1. Does the levy only apply in the original state that was issued or does it attach to CA? 2. How and can they garnish my wages if it's commission only?

Attorney answers (3)

  1. Robert Harlan Stempler

    Contributor Level 19

    5

    Lawyers agree

    Answered . If the judgment creditor/owner finds out that you have moved to California, they can file a petition with the Superior Court in your area to domesticate this as a "sister state judgment," then begin to enforce this judgment in California. Judgments can last for so many years and continue to grow, both with interest, court costs, and sometimes attorney's fees trying to collect. If they domesticate the judgment, they can then serve your employer with an order to turn over the funds to them or garnish your wages, until the judgment is satisfied. That's why people should not permit money judgments to hang around their neck without getting them satisfied in full or discharged in bankruptcy.

    Robert Stempler (please see DISCLAIMER below)
    www.StopCollectionLawsuits.com
    www.facebook.com/SoCalConsumerLawyer
    Twitter: @RStempler

    NOTICE: The above statements are provided for general information purposes only and are not intended as legal... more
  2. Michael Avanesian

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . Exactly what Mr. Stempler said.

    The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may... more
  3. Richard Scott Lysle

    Contributor Level 17

    3

    Lawyers agree

    Answered . The out-of-state judgment must be "domesticated" in California by filing a Petition and serving you. You will have a short time to object, if you have legal grounds to do so. then the creditor can levy on any assets in California that are not exempt for execution. At some point you might be able to make a settlement offer for a greatly discounted amount. Be sure to have a lawyer advise you if you follow this course of action.

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