A judgment creditor tried to levy my personal assets but at that time I was judgment proof, with no assets and unemployed. Now,
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?
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.
NOTICE: The above statements are provided for general information purposes only and are not intended as legal... more
NOTICE: The above statements are provided for general information purposes only and are not intended as legal advice or advice of any sort for a specific case or legal matter. If you do not have a signed attorney-client fee agreement with the Consumer Law Office of Robert Stempler, APC ("the Firm"), then until such written fee agreement is provided and signed by both a prospective client and attorney for a particular case, neither Mr. Stempler nor the Firm will represent you nor will they be your attorney in any matter and you remain responsible for retaining your own attorney and for compliance with any and all deadlines and for any statutes of limitations that may pertain to potential claims. Comments made on a public forum, such as Avvo.com, to not have any confidentiality because others may read them. If you desire a private consultation with Mr. Stempler that is confidential, please go to www.StopCollectionLawsuits.com and submit a free eCase Review. The result portrayed for a client was dependent on the facts of that case. Results will differ if based on different facts. The Firm and Mr. Stempler are a debt relief agency. The Firm and Mr. Stempler help people file for bankruptcy relief under the Bankruptcy Code.
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may... more
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here. Please visit my web site: www.avanesianlaw.com for more information about my services.
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.