Legal Question in Credit and Debt Law in California
What do we do after obtaining an Abstract of Judgement?
My husband has obtained a Abstract of Judgement against his ex-wife, collecting back child support, and orders for her half on back taxes that have been since paid by us. Now that we have obtained the Abstract of Judgement and we file it with the Recorders office, what do we do. We would like to get a Wage Assignment, since we do not have information to put a levy on her accts.
2 Answers from Attorneys
Re: What do we do after obtaining an Abstract of Judgement?
You can garnish her wages, but there are many other options available to you, depending on what she owns. It might be a little difficult to follow the procedures required, though.
If you need help, feel free to contact me. I do this for a living.
Re: What do we do after obtaining an Abstract of Judgement?
You would have to obtain a writ of execution from the court. Some courts have an application for writ (LA). You fill out the forms, provide a check (probably $7), with a return postage-paid envelope, and have the court issue the writ. Then you take the writ with copies to the sheriff who handles the community in which her work is located. Fill out the instruction the sheriff provides (usually they have an examplar, or you can find one on the Web). Pay the sheriff for the wage levy, and voila! Don't be surprised if she applies for a hardship exemption, though. Then there'll be a court hearing, and things get a lot more complicated, often necessitating a lawyer's intervention.