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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117375
Experience:  20+ Years of Employment Law Experience
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I have won a small claims court case concerning overdue rent

Customer Question

i have won a small claims court case concerning overdue rent in Santa Barbara County, CA. The defendant is a self-employed commission based real estate agent working for a local real estate brokerage. The owner of the brokerage has not complied with a court-ordered wage garnishment due to his perception that she is not paid any "wages" via a W-2, but rather "commission" via 1099. What avenues do I have to see if he is right or if I am right regarding the legality of garnishing her commission?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under CA law, only wages can be garnished. If you want to levy his commissions as an independent contractor, you have to specifically know when there is a sale and put a court levy against that particular commission or get a levy on his bank account when you know a commission is coming in.