Can someone garnish your parents wages if your over 18 of age and have been sued in small claims court?

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1. Licensed in CA

   

   Michael Ireland

   Thousand Oaks Bankruptcy Attorney

   Contributor Level 12

   6

   Lawyers agree

   Answered February 09, 2013 11:07. Since you don't provide sufficient facts to allow me to give you a certain answer, I will have to give you a couple scenarios so you can pick which one applies to you.
   
   Your mom owned the car involved in the accident, so most of the time the car owner is sued AND the driver is sued at the same time when handled by a good lawyer. So, it is possible (even likely) that you are not the only person who was sued. However, you mention this was a small claims case, so the chances a good lawyer prepared the filing are very small.
   
   Here are two scenarios:
   1. Your mom AND you were both named on the small claims lawsuit and a judgment was entered with BOTH your names on it. YES, your mom's wages can be garnished.
   
   2. ONLY your name was on the small claims lawsuit and the judgment has ONLY your name on it. NO, your mom's wages can NOT be garnished.
   
   I am sorry I can't be more specific, but you will have to look at the court documents and decide which scenario is yours. What counts is what is printed on the court documents, NOT what the judgment creditor says to you.
   
   Good luck.

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2. Licensed in CA

   

   Carl Starrett

   El Cajon Chapter 7 Bankruptcy Attorney

   Contributor Level 14

   4

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   Answered February 09, 2013 10:45. She can't garnish your mom's wages unless she sues your mom and gets a judgment against her. You should ask you mom if she's been sued and then review the court's file to see if the other person is telling the truth.
   
   In California, a registered owner can be partially liable if a court finds the owner responsible for "negligent entrustment" of the vehicle. It is possible to be held liable, but that's why you need to look at the court records to see the truth.

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3. Licensed in CA

   

   Malosack Berjis

   Los Angeles Personal Injury Lawyer

   Contributor Level 17

   3

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   Answered February 09, 2013 11:09. I agree with Mr. Starrett--a judgment creditor (in this case, "the lady") can only garnish the wages of a party that they have received a judgment against.

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