Legal Question in Family Law in California
non payment of judgment/debt
petitioner was awarded a financial judgment in a divorce case. debts were assigned but not specifically detailed in the judgment. The respondent is in default of payment to petitioner and also to the credit card which was assigned to respondent (but he did not assume responsibility with the banking institution, though ordered by court - in remains in both names). He has a state job. What papers do I file to garnish wages and modify final judgment to reflect assignment of debt.
2 Answers from Attorneys
Re: non payment of judgment/debt
You can bring a motion to execute the judgment in many ways, including a sale of his home, seizure of any bank accounts in his name, wage garnishment or assignment, and possession of any equipment or tools he has. If he is remarried, you can seize his new wife's bank account.
Re: non payment of judgment/debt
Unless the judgment states the specific amount you will need to bring a motion to establish the specific amount of the debt then you can garnish his wages or attach a bank account or other asset. Good Luck, Pat McCrary
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