Legal Question in Credit and Debt Law in California
Difficulty enforcing wage garnishment against spouse of debtor?
We have a judgment against a married individual. We are attempting to collect the judgment ourselves, and since they have hidden their liquid assets, we want to garnish the wife's wages. The Writ and Wage Garnishment forms ask for the debtor's name - which is the husband's - not hers. How does this work when attempting to file the Write and wage garnishment forms since the person we are trying to garnish isn't the debtor? Is there anything in particular we should do to indicate the spousal relationship? Thanks for any direction you can give...
1 Answer from Attorneys
Re: Difficulty enforcing wage garnishment against spouse of debtor?
You'll need to bring a properly noticed motion before the court to get an earnings withholding order for the spouses wages.