Announcement

Collapse
No announcement yet.

Won my case in CA..finally..??'s getting paid California

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Won my case in CA..finally..??'s getting paid California

    It started about a year from my initial filing with the Labor Board Comm. (So CAL.) to winning my award (several thousand's of dollars). I cannot afford to use a lawyer so I'm doing my own work.

    I just won the case (have the final award judgment filed by the court) by going after my employer, who was "an individual DBA her company name". I was employed by her as her assistant. But she says I can't collect (via wage garnishment) from her since she works for "her own company" and she got paid commissions from the main mortgage broker, who issues all the commission checks to her company's name.

    I usually got paid either in cash or thru one of her personal checks, but I never made a copy of any checks as it was very convenient to cash at the same bank near us.

    My question(s) are these:

    (a). Can I file a wage garnishment anyways before filing an abstract of judgment? I tried to file an abstract but the court returned it back due to some errors in filling it out, but resubmitting it with the new corrections.

    (b). Since I don't know her current home address other than the last known business address to me which was our last place of employment last year and I did get an e-mail from her earlier last month to not send any more notices there, since it was an embarassment to her, and that she would take legal measures to stop me, but I have no other way to mail off the notices since she will not let me know where I can send such notices. Can I be sued for "harassment" for the simple mailing of such notices or pending judgments?

    (c). The Labor Board has contacted the Franchise Tax Board who will be assigned my case for further collections as well, but the Labor personnel said that it could take "years" for the FTB to get results or payments. I do not want to get small monthly payments for the next 3-4 years, since this past employer makes several thousands of dollars on a per closed deal and just one commission of that will be more than enough to settle my award in full.

    (d). I can't find out how to file a judgement debtor's meeting, the court people can't give out advice and there's no internet links on how to do so. She laughs in my face saying "good luck in getting collected, getting paid, etc." and I would love nothing more than to drag her to court with required documents (tax returns, 1099's, bank statements, personal financial records and asset's viewing) to be presented in front of a judge. Of which I know she will not want to present in public, much less to a judge who can see she has assets to draw from.

    I'm learning a lot of things as I solo this on my own and any comments or suggestions here that will help speed up my collections efforts will be greatly appreciated.

    Thanks!

    Dave

  • #2
    Originally posted by Dlj19784 View Post
    My question: Can I file a wage garnishment anyways before filing an abstract of judgment?
    Yes, but I gather from your post that the employer is self-employed, so the Wage Garnishment may due you no good. Self-employed individuals are not considered employees and therefore have no "wages." I suggest you review this website http://www.courtinfo.ca.gov/selfhelp...ms/collect.htm. It will give you some insight on the various ways to collect your judgment.
    Barry S. Phillips, CPA
    www.BarryPhillips.com

    IRS Circular 230 Disclosure: This response is intended to provide general information and written for educational purposes only. It does not establish a client relationship. This communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any party any matters addressed herein.

    Comment


    • #3
      Okay, thanks for the link(s) there. That's what I was thinking about her being self-employed and she did mention it would be hard to collect from her, as she "works for herself".

      I did see whereby I can (and will file) the "order to produce statement of assets and to appear for examination", maybe this will jar her enough to make her think about having to come to court.

      She never ever did make any of the Labor Board hearings, and attempted to contact them via fax just days or the day prior to the hearing dates, of which I appeared at all of them. One of her own faxes blew her "factual statement", of saying she was in Kansas City that morning on some family emergency BUT the fax top header showed a CA location of her office. The hearing officer saw that and made the comment "just like being in a Star Trek" movie.

      Comment

      Working...
      X