My question involves court procedures for the state of: California
My wife won a case against a former employer for wrongful termination and was awarded a large amount of money. After the judgment, we are responsible for collecting, which is what we are trying to do. The stage that we are in is we just got an affidavit for a writ of execution, and the writ of execution itself. I understand that a collections firm would be helpful, but they take 30% which is a large amount, so we are trying to collect on their own. We know the corporate address, and have an old paycheck that shows the bank and bank account that they used. We have sent the writ and affidavit to their bank (a well known large multi-national bank,) but I feel we won't get anything out of it at this stage. Our next step will be to go through a process server and subsequently through the US Marshalls for official service and levy.
Here's the rub: In the trial, the CEO indicated that the company is going bankrupt. So in trying to collect from them, we may run into a situation where this company filed bankruptcy and no longer operates. However, upon doing some research, I found that this CEO now works for a company that sells the exact same product (this company and the former company only sell 1 product,) under a different name, out of a different state, in fact the new company address looks like the CEO's home address. When you call the OLD companies phone number for information, they call back under the NEW companies name. Basically, it seems like the company has just changed their name in order to avoid the sinking ship.
What do we have to do to collect?
My wife won a case against a former employer for wrongful termination and was awarded a large amount of money. After the judgment, we are responsible for collecting, which is what we are trying to do. The stage that we are in is we just got an affidavit for a writ of execution, and the writ of execution itself. I understand that a collections firm would be helpful, but they take 30% which is a large amount, so we are trying to collect on their own. We know the corporate address, and have an old paycheck that shows the bank and bank account that they used. We have sent the writ and affidavit to their bank (a well known large multi-national bank,) but I feel we won't get anything out of it at this stage. Our next step will be to go through a process server and subsequently through the US Marshalls for official service and levy.
Here's the rub: In the trial, the CEO indicated that the company is going bankrupt. So in trying to collect from them, we may run into a situation where this company filed bankruptcy and no longer operates. However, upon doing some research, I found that this CEO now works for a company that sells the exact same product (this company and the former company only sell 1 product,) under a different name, out of a different state, in fact the new company address looks like the CEO's home address. When you call the OLD companies phone number for information, they call back under the NEW companies name. Basically, it seems like the company has just changed their name in order to avoid the sinking ship.
What do we have to do to collect?
Collection and Enforcement: Collecting from a Former Employer After Default Judgement
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