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question on getting paid after winning case California

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  • question on getting paid after winning case California

    i have a case coming up , Im almost certain i will win. But im now hearing that my ex employer will file bankruptcy and move out of state. my question is if i win my case, and he still has vehicles in his name, What are the odds of me getting paid out of all this. he also tells me that he is legally allowed to have 2 vehicle in california, and not have to worry about me benefiting from his calateral.

    im just trying to picture how i will be getting paid from all this.

    also, He cant legally file bankruptcy if he has alot of money in his account right?.. im almost certain he has over 500k in his savings.

  • #2
    Case for what?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Poster, please answer Patty's question. I do note in one of your other threads you mention a wage claim.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        hmm

        dlse, an unpaid wage claim.

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        • #5
          hmmm

          ??????? any help or input?

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          • #6
            If you win & employer files bankruptcy, you probably will end up having to file a claim as a creditor, along with all other creditors, with the bankruptcy court. Whether you get paid anything or not (or paid in full) would depend on the assets available to pay creditors out of & where you fall in the payment chain.

            Your employer may not have as much savings as you believe. Also, whether your employer can file bankruptcy or not depends on various factors - ie amt. of income/assets, amt. of expenses/debts.... He would need to talk to a bk attorney.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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            • #7
              hmm

              ok, thanks betty, i apreciate the information you provided me. one more question, what if his wife has all the money in her savings, Sense they are married his problem is her problem right?

              also, my friend told me if they owe you money and they are avoiding you, that they have the authority to take the money that is owed straight out of the employers bank account. is this correct?

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              • #8
                hmm

                also , what if i win and my employer is unable to file bankruptcy. but yet he has no assets in the state of california?(he is moving to texas in a couple month). would i still be able to get my money if he moves to texas?

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                • #9
                  Originally posted by ledman5555 View Post
                  ok, thanks betty, i apreciate the information you provided me. one more question, what if his wife has all the money in her savings, Sense they are married his problem is her problem right?

                  also, my friend told me if they owe you money and they are avoiding you, that they have the authority to take the money that is owed straight out of the employers bank account. is this correct?
                  Re the wife, possibly - Ca. is a community property state. However, it can get complicated - I can't give you a positive/definite answer. It depends on various factors.

                  Generally, you would need to go through the court first before taking money from the bank acct. (but this is one way a judgment can be collected)
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment


                  • #10
                    Originally posted by ledman5555 View Post
                    also , what if i win and my employer is unable to file bankruptcy. but yet he has no assets in the state of california?(he is moving to texas in a couple month). would i still be able to get my money if he moves to texas?
                    You would probably need to get the judgment "transferred" (accepted) by a court in Tx. first where the debtor lives.
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                    Comment


                    • #11
                      hmmm

                      so it is possible to still collect my money if he moves?...thanks alot betty for your input..im feeling a little more positive and hopeful

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                      • #12
                        hmm

                        so betty, when u state, Generally, you would need to go through the court first before taking money from the bank acct. (but this is one way a judgment can be collected)


                        what you just stated is that the judge has the power to take funds out of the employers bank account?..i didnt know that the courts had that much power.

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                        • #13
                          You might want to talk to the court clerk if you would need to collect by bank levy. They can help you with the procedure.

                          This is the general procedure: If you know or can find out where the debtor has a savings or checking account, you may ask that a Court Officer collect your debit from the money in the account. You must provide the number of the bank, the address and the account number, if possible. Court Officers cannot search for bank accounts.

                          After the money has been levied upon by the Court Officer, it is considered frozen. You must then file a Motion to Turn Over Funds with the court and serve a copy upon the debtor and the bank. If the court grants the motion, the judge will sign the Order to Turn Over Funds that you submitted with your motion. This order will be delivered to the bank by the Court Officer.

                          There's usually a fee for this.
                          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                          Comment


                          • #14
                            hmmm

                            how would i be able to get his account information? these seems nearly impossible. what about leins on vehicles if he has any in the state?


                            thanks betty for your help

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                            • #15
                              ledman, if other responders want to continue answering your questions, they can. You're asking too many what "if" questions. We don't know that you will win your judgment. If you do, we don't know that your employer will declare bankruptcy. If they do, we don't know if there will or will not be enough assets to pay your judgment (if you win) out of the bk estate, if your employer will move out of state, etc. Why don't you wait & see if you win your judgment first & if bk is or is not declared & go from there re collecting your judgment.

                              There are agencies that will collect a judgment for you for a fee but there has to be assets to collect from. It's possible his savings will become a part of the bk estate if bk is declared.

                              You can also do a google search for some of this information. It's sometimes hard to get bank info - sometimes you can get some info off of your checks, check stubs etc. Re a lein on vehicles, possibly. (depends) It seems with all your questions, you might need someone to help you with the collection of your judgment if you win depending on how hard it is to collect on it.
                              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                              Comment

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