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I have a money judgment against a stripper for a few thousand dollars. All her income is in cash and she reports nothing on her 1099. Can I ask the judge to impute her 10-20k monthly that she actually makes on the job and get a court order for the police or club to seize her cash? I know this can be done in alimony cases but not sure about debt.

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No. You can not impute income when collecting on a judgment.

Imputation of income in alimony cases is done to determine the amount of the debt owed, and not with regard to the collection of an already determined debt.

In a debt collection case, the debt is already determined.

This said, wage garnishment is not the only way to collect a debt.

A writ of execution issued based upon a money judgment can authorize the sheriff to seize any tangible personal property not subject to an exemption from creditors (which cash earned in self-employment would generally be). A writ of execution might also be used to seize motor vehicles, jewelry or other property.

The club is only subject to garnishment of cash earned by an independent contractor at the club if it is in the club's possession, which I understand, is not the customary practice.

Debtor's interrogatories can be served upon a debtor asking the debtor where the debtor's assets are located which can facilitate collection of those debts.

Debts transferred to third-parties (e.g. family and friends) without substantially equivalent value can be recovered from the transferees in a fraudulent transfer action.

But, if the sheriff is not nimble enough to seize significant cash from the person of the debtor, the money isn't put in financial accounts, and all of the money is spent on exempt or instantly consumed assets, it may be impracticable to collect the money judgment. Many people are "judgment proof."

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  • This doesnt answer. What if the contractor uses tax writeoffs for the income in the clubs possesion but has cash for rest? Cant the cash be imputed to ignore the writeoffs? – Dan Jun 30 at 19:56
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    @Dan Income cannot be imputed in proceedings to enforce a money judgment. Period. Full stop. The first three paragraphs of the answer make that clear. – ohwilleke Jul 2 at 4:15
  • But this is about tax writeoffs and not imputing income per se. So a debtor can simply commit tax fraud and anything not on the 1099 is ignored? Or can the written off income in fact be garnished? – Dan 2 days ago
  • The internet seems to mention disposable income being garnishable, implying business writeoffs are ignored – Dan 2 days ago
  • @Dan The tax consequences of income have nothing to do with garnishment. Garnishment is based solely upon what a person owes to the judgment debtor with no further analysis. The 1099 has nothing to do with what can and cannot be garnished. – ohwilleke 22 hours ago

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