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

Oceanside, CA |

I'm 20 years old and i drove my mom car and hit a mobile home and I got sued in small claims court even after my mom insurance gave them 5,000 for the damages but I signed a paper saying I would pay the money she was asking for now I haven't been making the monthly payments but the lady claims she went back to court and she gonna garnish my mom wages is that really possible because my mom wasn't in the car with me and it wasn't her fault at all why should she be punished help me out asap .

Attorney Answers 3

Posted

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.

First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy. We also do other stuff and we do it well, but Congress wants me to post this notice. Second, nothing on this site is legal advice. You are not my client unless you enter into a written agreement signed by you and me.

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Posted

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.

Answers to questions are for general purposes only and do not establish an attorney-client relationship. This is not legal advice, simply information. You SHOULD NOT act on this information without consulting an experience bankruptcy attorney in your area and providing ALL relevant information.

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Posted

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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