California Employment Law

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

a corporation who's company has...
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?
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Answered in 32 minutes by:
8/23/2013
Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
Experience: Extensive experience representing employees and management
Verified
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)?
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Customer reply replied 4 years 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.

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!
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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!
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Customer reply replied 4 years 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.

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
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
Experience: Extensive experience representing employees and management
Verified
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Joseph
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Category: California Employment Law
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