If a person goes on worker's compensation for an extended period (2 years) or is ruled to be totally disabled for life and all their income is from disability checks,( they have no real assets or wages to be garnished, just tax-exempt disability payments) can judgment be vacated?
And, if they are judgment-proof after the initial judgment because of their recent disability, what would the Plaintiff gain from leaving the order when they can't collect?
Is there such a thing as a 'Hardship' petition to remove a valid Judgment in California?
(State of California)
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@Rvan1961 wrote:If a person goes on worker's compensation for an extended period (2 years) or is ruled to be totally disabled for life and all their income is from disability checks,( they have no real assets or wages to be garnished, just tax-exempt disability payments) can judgment be vacated?
And, if they are judgment-proof after the initial judgment because of their recent disability, what would the Plaintiff gain from leaving the order when they can't collect?
Is there such a thing as a 'Hardship' petition to remove a valid Judgment in California?
(State of California)
No. At least in California (or any other state that I know of) having no assets or living in poverty is not grounds for vacating a judgment.
Judgments can live for a very, very long time. In California judgments can be legally enforced for ten years and then ultimately renewed. During that time you may come into money that the judgment creditor can attach. In California your wages can be garnished, your bank accounts can be attached, and liens can be placed against property you own or the home can even be sold right out from under you. Also, in California, your spouse's income may be garnished for your debts. If there are any third parties that owe you money or hold any of your assets, the judgment can be enforced against them as well. If you conduct any type of business, the judgment creditor can conduct a "till tap".
For a motivated judgment creditor, in California it would be virtually impossible to not find a way to eventually enforce a judgment unless you are simply living under a bridge and eating out of trash cans. If you have a car, it can be seized. So can your iPhone 4.
If the judgment is for child support, you can even kiss goodbye at least 25% your disability / workmen's comp. 