collections enforcing-judgment
Can judges impute income in debt cases?
<p>I have a money judgment against a stripper  for a few thousand  dollars. All her income is in cash and she reports nothing on  her 1099. Can I ask the judge to impute her 10-20k monthly that she actually makes on the job and get a court order for the police or club to seize her cash? I know this can be done in alimony cases but not sure about debt.</p>

<p>No. You can not impute income when collecting on a judgment.</p>

<p>Imputation of income in alimony cases is done to determine the amount of the debt owed, and not with regard to the collection of an already determined debt.</p>

<p>In a debt collection case, the debt is already determined.</p>

<p>This said, wage garnishment is not the only way to collect a debt. </p>

<p>A writ of execution issued based upon a money judgment can authorize the sheriff to seize any tangible personal property not subject to an exemption from creditors (which cash earned in self-employment would generally be). A writ of execution might also be used to seize motor vehicles, jewelry or other property.</p>

<p>The club is only subject to garnishment of cash earned by an independent contractor at the club if it is in the club's possession, which I understand, is not the customary practice.</p>

<p>Debtor's interrogatories can be served upon a debtor asking the debtor where the debtor's assets are located which can facilitate collection of those debts.</p>

<p>Debts transferred to third-parties (e.g. family and friends) without substantially equivalent value can be recovered from the transferees in a fraudulent transfer action.</p>

<p>But, if the sheriff is not nimble enough to seize significant cash from the person of the debtor, the money isn't put in financial accounts, and all of the money is spent on exempt or instantly consumed assets, it may be impracticable to collect the money judgment. Many people are "judgment proof."</p>
