San Jose, CA asked in Collections for California

Q: Hello,Need advice on Writ of Execution based on wage. I head that is he is self employed this is not the best route.

I dont have his financial information. He owns a furniture store and it is a corporation so he is one of the owners. I heard that if he is self employed the writ of execusion based on his wage is not the best way to get my money back. Is this true?

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1 Lawyer Answer

A: A wage garnishment assumes the target receives a steady wage (e.g. is a W-2 employee). If the target is self-employed, a wage garnishment doesn't work. If you don't have the target's financial information, have you done an order of examination? Have you sent out subpoenas to banks and other institutions where he might have accounts? Have you done a property records search? Does he own his home or does he rent?

Andy

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