Can my whole check be attached in a legal judgement in California. Or is there a percentage?
103699
In California, the judgment creditor cannot garnish more than 25% of your net pay.  If they start a wage garnishment against you, you and your employer will receive documents that show much should be withheld from your paycheck.\n\n25% is the maximum, but the court can also order that a lesser amount be withheld.  If the garnishment will leave you without enough money for necessities such as rent and food, the court can reduce or eliminate the garnishment.  However, it will be up to you to file the proper paperwork with the Sheriff and the court once the garnishment starts.
491335
....you have to give more details.  "detaching pay" before court date?  Do you mean taking money from your check?  Why would they take money from your check?  Child support? what?  \nPlease explain the problem in more detail.
156539
You are in way over your head.  Hire an attorney to assist you.  Your post is very difficult to read or understand and I am sure the judge will require clarity of thought from you if you wish to prevail.
820003
Jennifer \n#1 You need to get a lawyer. A corporation cannot represent itself in a judicial proceeding.  \n#2 -- If this was a JUDGMENT, that means that they went through some process and it's enforceable as a matter of law.  Most likely, they filed a lawsuit against you, you didn't respond, so the court entered a "default judgment" for the relief requested by the Court.  This could have happened in Ill. OR in Florida. If the latter, then they have merely filed or registered the judgment in Illinois so that they may collect it. \nDid you ever receive a summons and complaint from these people? Did you ignore it, believing that it would go away?  If so, it will be hard to get the judgment vacated.  You usually need some excuse or good reason to have a judgment vacated (although in Cook County, you may get a sympathetic judge, who wants to adjudicate the merits, who will vacate and set the litigation going). See #1.\n#3 They have already "taken it to court" if, indeed there was a "judgment" filed against you. See #2.  If they merely have filed a complaint seeking judgment, that's a different story, and you have a short amount of time to respond to their allegations.  Get to a lawyer ASAP, otherwise you will be faced with a default judgment.\n#4 -- you won't get good legal advice for this issue here because of the fact-specific nature of your problem (exactly what was filed, the underlying dispute between the parties, etc.) Then you need to think about cost.  How much is the judgment for (or is the Complaint alleging?)? A good lawyer in Chicago will set you back $250.00 an hour at a minimum plus expenses.  If this is something you want to fight, expect $20,000 in fees for litigation at a minimum.  If this is a small matter, expect at least $2,000 in fees to reach an amicable settlement.\n\nThe Illinois State Bar Association should have a referral service on their website if you do not have a lawyer.  If you're willing to pay the going rate ($250.00 for associates, $400-500 for partners) in Chicago, I have some referrals for you.\n\nGood luck.
539672
No. I live out of state and rather than have my paychecks sent to me every month and risk losing them, I have my business partner or one of my parents deposit it directly into my personal account. \n\nThe only time you're required to endorse the check is if you plan on cashing it or withdrawing cash against it immediately.
289695
That's a very good question.  And the answer is, in general, no.  You would have to file a complaint to determine dischargeability of debt alleging one of the grounds in Section 523(a) of the bankruptcy code.  And the cost of that complaint might be more than you would ever collect on the check.  But if they bounced a big check intentionally with the intention of defrauding you, for example, you might have reason to pursue that kind of case.
980403
Go to the IRS website and search for Publication 15.  I'm sure that there is a similar publication for California.
34523
OK...this is for California. Follow the link, pick your state and go from there. You have to have a judgement before you can get a lien. Be careful. Home owners are generally protected against liens during new construction. Its the contractor or sub contractors that you want to address depending on your situation. Really not enough information in your question.\n\n697.330.  (a) In the case of a money judgment entered on an order,\ndecision, or award made under Division 4 (commencing with Section\n3200) of the Labor Code (workers' compensation):\n   (1) If the judgment is for a lump sum, a judgment lien on real\nproperty is created by recording an abstract of the judgment as\nprovided in Section 697.310 and, except as otherwise provided in\nDivision 4 (commencing with Section 3200) of the Labor Code, the\njudgment lien is governed by the provisions applicable to a judgment\nlien created under Section 697.310.\n   (2) If the judgment is for the payment of money in installments, a\njudgment lien on real property is created by recording a certified\ncopy of the judgment as  provided in Section 697.320 and, except as\notherwise provided in Division 4 (commencing with Section 3200) of\nthe Labor Code, the lien is governed by the provisions applicable to\na judgment lien created under Section 697.320.\n   (b) Nothing in this section limits or affects any provision of\nDivision 4 (commencing with Section 3200) of the Labor Code.\n\n\nhttp://www.nolo.com/statute/state.cfm\n\nNothing Ive said or that you read replaces qualified legal advice.
759316
Check with an attorney in your state.
142571
Most likely not. If you have an account at another bank, you could deposit it but even then there may be a hold for a day or two. Another option is going to a check cashing place but they take out a certain percentage.
248453
It is kinda low of him to withhold your property like that, however, it is a landlords right in many states to withhold certain property until full payment is made. If you want your stuff back I would pay him what you owe as to avoid being sued make sure to get a receipt for your payment. Good Luck
966001
Have you defended the case in Brazil? A Brazilian judgment may be enforced in the USA, but not if you have been denied due process (but not if the facts were found against you, even if wrongly so -- unless the court was corrupt and you can prove it).\n\nIf you are faced with an unpayable judgment you will need to engage in some sophisticated asset protection since you cannot file bankruptcy in the USA against a judgment for child support. You are unlikely to be sent to prison for nonpayment of child support, or to have your passport and driving license suspended for that, in the USA if you can show that your assets and earnings have never been sufficient to meet the Brazilian judgment. But you will need to prove that.\n\nIf you are likely to inherit money in the future, you should have your parents' wills rewritten to make anything you would otherwise inherit placed in a discretionary trust so that no court can take the money in satisfaction of any judgment.\n\nYou really need a very sophisticated lawyer to handle this, and unfortunately it does not seem that you have enough money to pay for such a lawyer.
1090752
If you filed jointly, the check will be made out to both of you - you'll  both need to endorse it .    SOOO - take your half  OR if it applies only to her - let her have it in good faith - the divorce could be nasty if you don't. Also, have her sign a receipt for what she gets.
1094622
You have nothing to worry about. There is a statute of limitaions that is well past. If it bothers you so much, send the company the money for the check, but I am sure they do not even have a record of it any more!!!
240488
I'm not sure of any way to do this.  Of course you could employee someone to physically go out and find their employment.  You could offer them a percentage of rent collected through this method. If you already have the civil judgements, you can also "garnish" their income tax returns.  I think you can find out how to do this by going to your local court clerk.
1039514
I do a significant amount of debt collection work in California.  There are only two ways for an attorney to put a lien on your fees:  (1) you voluntarily grant the lien, usually in the form of a deed of trust; or (2) the attorney sues you and then files a judgment lien (called can abstract of judgment) against you home.\n\nBefore a California attorney can sue you for unpaid fees, he/she must offer you fee arbitration.  If the attorney sues you, the attorney have have you served with the lawsuit papers and you will have the opportunity to defend yourself.
343194
it can stay on your credit report for twenty years or more, depending on your state laws.  judgments are renewable every so many years.  they will essentially really mess up your credit.  i know, i've got the jacket.  was the judgment a default judgment?  did you show up to defend yourself?  if it's a default judgment, you may be able to have it vacated.  that's what happened to me.  but you need to either pay it, or take other legal avenues.  even if it's vacated, the creditor can turn around and sue you again.  that's the point i'm at now.  so, you need to ask yourself if it's a smaller amount, is it worth paying it off, or spending lots of other legal fees.  all depends on the total amount due.  also, now that they have the judgment, they can file garnishments with your employer, and you'll never know it until after it's being deducted.  it's quite a mess.  once it's paid, though, the judgment will stay on your report for 7 years.