How Can I Garnish a Debtor's Spouse's Wages in California?

If you sue a debtor and win your lawsuit, the state of California gives you permission to petition the court for a wage garnishment order. Through wage garnishment, the court that awarded you a judgment against the defendant orders the individual's employer to withhold a portion of his employment compensation as payment for the debt. Because California is a community property state, married couples share debts and assets equally. As a judgment creditor, this gives you the right to garnish the debtor's spouse's wages as well even if the debtor's spouse did not originally incur the debt.

Instructions

1

Visit the courthouse where the lawsuit took place. Ask the court clerk for a copy of your case's Abstract of Judgment and form SC-105.

2

Fill out SC-105. You must include your name, address, county and case number. Note the reason for your request -- wage garnishment -- and specify the name and address of the debtor's spouse's employer.

3

Attach the Abstract of Judgment to form SC-105. The Abstract of Judgment proves that you won a judgment against the garnishee's spouse, giving you the legal right to pursue a garnishment.

4

Give your completed form SC-105 with the Abstract of Judgment attached to the court clerk. The clerk will then issue a writ of execution directing the county levying officer to serve the debtor's spouse's employer with a garnishment order.