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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: California Employment Law
Satisfied Customers: 18585
Experience:  B.A.; M.B.A.; J.D.
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We as employers were unable to attend a meeting with an

Customer Question

We as employers were unable to attend a meeting with an employee at labor board and lost by default, we do not owe him money, can we get it overturned or another hearing. It has been 7 years he wants to collect now, we do not have the money, we are senior citizens please advise amount of judgement 9, 600 plus attorney fees. Please advise. We did not owe the worker, I have proof .he was a shuttle driver
Submitted: 1 year ago.
Category: California Employment Law
Customer: replied 1 year ago.
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Expert:  Phillips Esq. replied 1 year ago.

You cannot seek to get the Judgment vacated seven years after the fact. You have lost your opportunity to vacate the Judgment. So, you are responsible for the Judgment.

If you had a valid reason for missing the hearing, you should have filed Motion right away as soon as you became aware of the Default Judgment. Waiting seven years after the Default Judgment to try to vacate the Judgment is not going be looked very kindly by the Court.

However,

Customer: replied 1 year ago.
Plrase advise us now, we talked to clerk, said must deal civil court. We thought he might deal with his conscience, we did not owe him, he was using labor bd to make money. We don't have a savings, small co, small social security, atty said he will start picking up cars, etc. Maybe bankrupt, but not our choice. Wr have reverse mortgage.don't want to close business, even thought income is small. Please advise.
Customer: replied 1 year ago.
However, is end of your answer did I miss the end of your answer?
Customer: replied 1 year ago.
Please answer
Expert:  Phillips Esq. replied 1 year ago.

Regrettably, the Clerk cannot do anything to help you. If you did not file your Motion to Vacate Judgment timely, you lose your opportunity to do so forever.

Your Social Security benefits are 100% exempt from garnishment. In any event, your Social Security benefits cannot be garnished to satisfy a Judgment against your business.

Only assets of the business can be garnished if your business is incorporated, that is as an LLC, Inc., etc. Otherwise, your business assets can be seized to satisfy the Judgment.

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