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How to Collect from the Wages of the Debtor’s Spouse or Registered Domestic Partner

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If the judgment debtor has not paid the judgment debt when it is due, or made arrangements to pay it over time – and the debtor does not have wages you can collect from -- California law gives the judgment creditor the right to have the money taken out of the wages of the debtor’s spouse or partner and sent to you.  This is called “wage garnishment.” Opens new window (See California Code of Civil Procedure, Section 706.109) Opens new window

You have to file a motion (request) with the court to allow you to collect your judgment, or part of it, from the spouse or registered domestic partner of a debtor who was not a defendant in your case.  You will have to go to court for a hearing to explain why you need to garnish this person’s wages.


To do this, you must follow each of the steps listed below:


Step 1.
Get and fill out:

  • Request for Court Order and Answer (Form SC-105Opens new window
  • Order on Request for Court Order and Answer (Form SC-105A) Opens new window

NOTE:  You must write on the form that you are asking the court to allow you to garnish the wages of the spouse or registered domestic partner.


Step 2.
Make 2 copies of the completed forms.


Step 3. File Opens new window the forms at the court and pay the court’s filing fee.

  • The court clerk will stamp the two forms and return a copy of each to you. 
  • A hearing will be set and its date, time and place will be written by a court clerk on the Order on Request for Court Order and Answer (Form SC-105A). 
  • The court clerk will mail a copy of the form with the date of the hearing to you and to the debtor’s spouse or registered domestic partner.


Step 4.
Attend the hearing and explain to the judge why you need to collect from the wages of the debtor’s spouse or registered domestic partner.

If the court grants your motion (request), follow the same procedure as that used for collecting the debtor’s wages.

 

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