Unlicensed & without rights?

[rocketmik]

What is the name of your state (only U.S. law)? California. As an unlicensed contractor I was told I had no rights in small claims court. The judge awarded $4.980. to plaintiff which was literally stolen with deceit and lies. I am retired, Social Security $524. and Teachers' Retirement $2,300. and I need my wife's help to pay mortgage and utilities on this house with mortgage slightly upside down. Question: Can the judge make my wife pay the award. She has a separate retirement account with direct deposit like I do. I have no savings nor any money in the bank as I live month to month. What actions can the lying plaintiff take against me? Thank YouWhat is the name of your state (only U.S. law)?

 

[CourtClerk]

They can attach your bank account, lien your house, bring you in on a debtor's exam, bring your wife in on a third party debtor's exam.

 

[latigo]

Can the judge make my wife pay the award?

No! The judge cannot “make” your wife pay the judgment award. Nor can the judge make you pay the judgment award.

Judges issue civil money judgments. It is not a function of the judiciary to enforce satisfaction of a civil money judgment.

You express concern about the judgment creditor reaching your wife’s retirement income and rightly so. Because when living together as man and wife in California the earnings from the labors of each spouse is classified as community property. And all non-exempt community assets are liable for the payment of all community debts no matter which spouse incurred the debt or in whose name the debt is identified.

In other words, this judgment is a debt owed by the community. And the result is that the judgment creditor could seek satisfaction of the judgment by levying execution against any non-exempt community asset, including garnishing moneys on deposit to the credit of either or both you and your wife.

And although the benefits derived from Social Security are exempt from garnishment (except for child or spousal support) the other retirement income accounts you mention are not so exempt.

Most likely the creditor will not be able to directly garnish the individual retirement plans themselves, as most of those plans contain an “anti- alienation” clause, but once the money is paid out and deposited it is open season.