How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joseph Your Own Question

Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4884
Experience:  Extensive experience representing employees and management
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

Can Cal Osha Submit a debt to EDD To a former President of

Resolved Question:

Can Cal Osha Submit a debt to EDD To a former President of a corporation who's company has closed and now working as an employee for a company and Threatening to levy his wages?
Submitted: 11 months ago.
Category: California Employment Law
Expert:  Joseph replied 11 months ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Is this in reference to a fine that was made against the former company?

Can you tell me if you were the (sole) owner of the corporation as well as its president?

Finally, if the judgment was only against the corporation, did you go through bankruptcy or simply close the company (stop operations)?
Customer: replied 11 months ago.

I simply stopped operations, Could not pay the rent anymore. Did not go through bankruptcy. I was the sole owner of the corporation & president at the same time.

Expert:  Joseph replied 11 months ago.
Hello Joseph,

Unfortunately, the answer is yes. EDD is in charge of collecting on debts from Cal-Osha, and since the debt was against you as the sole owner of the corporation, they can levy or garnish your wages in order to receive payment for the Cal-Osha fine that you've yet to pay.

Had the corporation declared bankruptcy, or you declared personal bankruptcy, this may be another matter. But you did nothing to discharge yourself of your corporation's debts by just closing down, so I'm afraid you are legally on the hook for this money, and EDD can eventually levy or garnish your wages if you do not reach an alternative payment arrangement with them.

It's likely past the time you can do this, but you would have been able to appeal the fine amount and the decision if you disagreed with it. The judgment is likely finalized now, so EDD would garnish your wages in order to receive payment for the unpaid fine.

I realize the above information is not what you wanted to hear and I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Thanks and best of luck!
Expert:  Joseph replied 11 months ago.
Hello Joseph,

Please let me know if you have any follow up or clarifying questions regarding the above.

If not, please remember to rate my answer positively so I get credit for my work!
Customer: replied 11 months ago.

Can I still declare personal bankruptcy now since I was not even served, They say there was a judgment but they can only furnish me a copy of the violation although they gave me a case #XXXXX There is no way I can pay this because this is just the tip pf the iceberg. I consulted another lawyer who wants to review the paperwork. I cannot put in writing the original cause of the problem but since the employee who brought this upon the company had given me a copy of His security and as far as I understood way back in 2009, I did not have to check the authenticity of his papers as long he provided it to me, I did not have to verify it. Now I have found out that this was another persons name. I am a registered democrat because, I care for minority people, I was just shocked that people you are helping can go do that to you. Apart fro this is there a way I can Do an offer in compromise to reduce the debt and make payment plans. I am 64 years old, and I want to clear these problems before I am 65 and be able to care of my 11 year old daughter. Your advise would be very much appreciated.

Expert:  Joseph replied 11 months ago.
Hello Joesph,

From your statements, I'm not clear on what the violation was for. It appears that you were aware of the citation, and you should have been given a court date along with that. So, while you may be able to contest lack of notice, that would be difficult if you did receive notice of the court date, etc. when you got the citation. It's likely that a default judgment was made if you didn't show up to court.

Unfortunately, this type of government debt, to a state agency, is not the kind of debt that can be discharged through personal bankruptcy (since it appears that the judgement was against you and not just the corporation).

See here:

http://www.nolo.com/legal-encyclopedia/will-bankruptcy-get-rid-lawsuit-judgments.html

I do really empathize with your situation, but it looks that one way or another that you're going to have to pay the debt.

The good thing is that, at most, only 25% of your pay after taxes and deducations can be used to satisfy the debt. Otherwise, they are really not obligated to reduce the debt or accept a payment plan, and probably won't if the debt has been unpaid since 2009 (or was that later?), but it's worth a shot if you want to avoid having your wages garnished.

http://www.nolo.com/legal-encyclopedia/california-wage-garnishment-law.html

It is important to note that any social security that you receive is exempt from garnishment, so you will not have to worry about your social security being garnished, just your wages.

Joseph, Lawyer
Satisfied Customers: 4884
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    845
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    329
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3365
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.