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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33903
Experience:  Began practicing law in 1992
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In Lawsuit against Defendant, I'm sure to get a judgement

Customer Question

I'm Plaintiff in Lawsuit against Defendant, I'm sure to get a judgement soon, but Defendant is judgement proof.All D has is an unrelated breach of contract case with an umrelated party.Once I get a judgment in my lawsuit. Can I place a lien on D's unrelated lawsuit? I.e. get paid directly from D's recovery in unrelated case.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: ?
JA: What confuses you?
Customer: Yes, I'm in a lawsuit
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 2 months ago.
Category: Legal
Expert:  Dwayne B. replied 2 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 2 months ago.

You can get an order of garnishment issued to the other party or his lawyer which will accomplish the same thing that you want done.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Customer: replied 2 months ago.
How does one initiate such motion if he/she isn't a party to the unrelated case? Or, is there a code section or sample motion you can share?
Expert:  Dwayne B. replied 2 months ago.

We are not allowed to provide forms, and to be honest, I don't know of any online that are correct. My suggestion would be to have a local attorney draft it for you because you can expect the other side will file an objection and possibly both of the parties since it will be "messing" with their lawsuit. However, what they are likely to do is wait to file their objection at the very last moment so that if you make a mistake the judge will not grant the request and you will not have time to do anything about it before they issue the funds. That is the reason you should have the attorney do it and you can have the attorney's fees included in the garnishment (although you will likely have to pay them up front).

Expert:  Dwayne B. replied 2 months ago.

We are not allowed to provide forms, and to be honest, I don't know of any online that are correct. My suggestion would be to have a local attorney draft it for you because you can expect the other side will file an objection and possibly both of the parties since it will be "messing" with their lawsuit. However, what they are likely to do is wait to file their objection at the very last moment so that if you make a mistake the judge will not grant the request and you will not have time to do anything about it before they issue the funds. That is the reason you should have the attorney do it and you can have the attorney's fees included in the garnishment (although you will likely have to pay them up front).