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  1. #1
    Join Date
    May 2011
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    2

    Default Does the California Franchise Tax Board Collect Judgment Debts

    My question involves judgment recovery in the State of: California

    I have just completed a wage claim with the California Dept of Labor, and they sent me a letter with my judgment that states "In accordance with Section 98.2(d) of the California Labor Code, a judgment has been entered in my name with the court against your former employer."

    The document then goes on to say that I have 15 days to give the Franchise Tax Board the authority to attempt collection on the unpaid judgment.

    "If you choose to use this collection method, please be advised that you will not receive status reports on your file and the collection efforts may take up to one year or longer."

    This doesn't really give me much hope I'll ever receive money from my former employer.

    Does anyone have experience with the Franchise Tax Board and if they actually do collect judgments? Any thoughts or advice would be greatly appreciated.

    Thank you.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    74,875

    Default Re: Does the California Franchise Tax Board Collect Judgment Debts

    We've had reports, here, of their successful collection of certain types of debt, typically in the form of the debtor complaining about it, so it is possible that they would recover the money.

    If you prefer to try to collect the money on your own, that's your choice to make.

  3. #3
    Join Date
    Dec 2011
    Posts
    203

    Default Re: Does the California Franchise Tax Board Collect Judgment Debts

    A big issue is what sort of employer? You don't need to tell us, but if it is a little company that could go under or move away, I would not want to wait on the state. If it is a big company, send their legal department a copy of the letter and a demand for payment. I would find a collections attorney and start an immediate collection action if it was a small company. Once they are ordered to appear at a deposition with all their financial records, I bet you are paid instantly. Over the years I have won a couple of employment actions and their lawyers gave me checks almost immediately once I mentioned a deposition and financial records.

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