Found an issue on this page? Let us know and we will look into it as soon as possible.
Is it possible to garnish or attach a physician's income?
Anonymous4 views2 answers
I have a judgement against my former employer, a physician, for unpaid wages. The total amount listed in the judgement is $5000. I have tried to levy his bank accounts but they have all been closed. What i was wondering was, would it be possible to garnish his capitation checks that he recevies monthly from the IPA he contracts with?
Nothing exempts the Doctor's income from that source from execution. You must pay attention that the party against which you have your judgement is the same as receiving the funds, i.e. not the individual for one and a medical corporation for the other.
Mr. Doland is correct. I just wanted to add that technically I do not think you are going to garnish his wages, although that is possible. If the defendant against whom you got the judgment is him personally, and he is receiving wages from his medical corporation, then yes, you would garnish those wages.
If your judgment is against him personally, and he does business through a medical corporation that is not named in the judgment, it is likely you have a problem getting a writ of execution against the assets of the corporation. If the judgment is against the medical corporation, you should be able to execute against those IPA monies.
Just keep in mind as you look for the proper forms that garnishment really refers to taking money from people's paychecks (stated generally) and execution is the method of getting other assets like money in bank accounts and accounts receivable.
I wish you the best of luck.
