Q: Are punitive damages filed in a civil case or criminal? Can an individual garnish someone's wages based punitive ruling?
A: Punitive damages can be awarded in some jurisdictions in civil cases. Punitive damages are assessed only when the acts or omissions the defendant were found to be either done willfully or wantonly or in some cases because the acts were "grossly negligent". Much depends on the facts of the case and particularly the court or jurisdiction that your case was brought. A criminal case is one where a person's liberty is at stake, not the assessment of money, unless the crime calls for the payment of a penalty of money instead of the loss of liberty (jail). If any judgment in a civil court is final, a garnishment proceeding is possible. That would allow the judgment creditor to garnish the wages of the judgment debtor even if the judgment had a punitive damage piece to it.
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