civil accident suit

[round 1]

What is the name of your state (only U.S. law)? Ca


Hi my girlfriend n I are suing this girl that was driving drunk and hit head on into my car. Now she didn't have insurance otherwise I wouldn't be here, anyhow we are suing her for 2 different things n 2 different case. My question is how much can we both get percentage wise out of her paychecks cause I don't believe she has any assets

 

[Proserpina]

What is the name of your state (only U.S. law)? Ca


Hi my girlfriend n I are suing this girl that was driving drunk and hit head on into my car. Now she didn't have insurance otherwise I wouldn't be here, anyhow we are suing her for 2 different things n 2 different case. My question is how much can we both get percentage wise out of her paychecks cause I don't believe she has any assets

25% of her disposable income, in total.

That's assuming you win the judgment.

 

[round 1]

25% of her disposable income, in total.

That's assuming you win the judgment.

Wow that little.. Well at least its something. So its gonna take her a whilke to pay us off then.. 5k for me and 7500 for my girl

 

[Proserpina]

Wow that little.. Well at least its something. So its gonna take her a whilke to pay us off then.. 5k for me and 7500 for my girl

I haven't read your other threads so I'm not sure of your situation...but, if she has no assets and starts getting garnished you should perhaps consider the possibility that she'll simply quit working.

You may find that you'll never be able to collect.

 

[round 1]

I haven't read your other threads so I'm not sure of your situation...but, if she has no assets and starts getting garnished you should perhaps consider the possibility that she'll simply quit working.

You may find that you'll never be able to collect.

Well doesn't this kinda thing never go away.. Like eventually she will get some kind of income sometime in her life even unemployment or something?

 

[Proserpina]

Well doesn't this kinda thing never go away.. Like eventually she will get some kind of income sometime in her life even unemployment or something?

Judgments certainly can go away.

You will not be able to have unemployment benefits garnished for a civil debt of this nature. If she gets married to Bill Gates, you can't attach the judgment to him or any of HIS assets either.

You would perhaps be astonished at the lengths some people will go to in order to NOT pay a debt.

(working under the table permanently...that sort of thing...she may even be able to file bankruptcy and discharge it)


Quite often enforcing the judgment becomes more expensive than the value of the judgment itself. It is often said here on the forums that getting the judgment is the easy part.

Collecting on it is a different matter entirely.

 

[round 1]

Judgments certainly can go away.

You will not be able to have unemployment benefits garnished for a civil debt of this nature. If she gets married to Bill Gates, you can't attach the judgment to him or any of HIS assets either.

You would perhaps be astonished at the lengths some people will go to in order to NOT pay a debt.

(working under the table permanently...that sort of thing...she may even be able to file bankruptcy and discharge it)


Quite often enforcing the judgment becomes more expensive than the value of the judgment itself. It is often said here on the forums that getting the judgment is the easy part.

Collecting on it is a different matter entirely.

So bankruptcy can even erase civil judgments due to a criminal act since it was a dui?

 

[Proserpina]

So bankruptcy can even erase civil judgments due to a criminal act since it was a dui?

Generally no - but it does depend on the exact nature of the debt.

I was really just trying to give you an idea of how difficult it can be to collect on these judgments

 

[round 1]

Generally no - but it does depend on the exact nature of the debt.

I was really just trying to give you an idea of how difficult it can be to collect on these judgments

Ok thanks for the advice