How to Collect a Calif. Default Judgment on Employer ?

Asked about 1 year ago - 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. Frank Wei-Hong Chen

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more
  2. Robert Bruce Kopelson

    Pro

    Contributor Level 20

    Answered . 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.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,006 answers this week

2,963 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,006 answers this week

2,963 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary