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How to Collect a Calif. Default Judgment on Employer ?

Ventura, CA |

I won a Calif. Default Judgment against my employer who successfully evades payment despite still remaining the owner, by the methods which include conveniently changing the company's name when notices are served them. Unfortunately for me, the employer has mastered this practice used with other lawsuits they are involved in as well I have learned. Any suggestions on my making a more aggressive approach as the attorney now handling this case is not on top of the situation as I had hoped for?? Help!

Attorney Answers 2

  1. It's not clear what the problem or hangup might be. If the judgment debtor is transferring assets to a completely different entity in order to delay, hinder or defraud creditors, the remedy is to file a lawsuit for fraudulent conveyance against the new entity. If the judgment creditor is non-responsive, a judgment debtor's examination is often the most effective method of judgment enforcement to get the judgment debtor's attention. A judgment debtor's exam can be taken every 120 days for the next 10 years. Moreover, if the judgment debtor fails to appear, the court can issue a bench warrant.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

  2. This is very fact specific. Is deft a corporation? Did you sue the individual too? Best bet is to get an atty who specializes in collection as they deal with these tactics frequently.