How to Collect a Small Claims Judgment Against a Debtor's Spouse in California
- 1). Download a Request for Court Order and Answer form from the Self Help Center of the California Courts website (see "Resources"). Print the form and complete it. Include a plain English request for an order that authorizes a garnishment of the spouse's wages. Attach a copy of your case's Abstract of Judgment to the request form. You can obtain a copy of the Abstract from the clerk in the court that entered your judgment.
- 2). Submit the documents to the clerk. If the judgment debtor demands a hearing in response to your request, you will be notified to appear. Otherwise, when the order has been issued, the court will notify you.
- 3). Obtain the name and address of the spouse's employer.
- 4). Download an Application for Earnings Withholding Order from the Self Help Center of the California Courts website (see "Resources"). Print the form and complete it. Include the employer's name and address.
- 5). Visit the clerk and obtain a copy of the court order and the writ of execution issued after the original money judgment was entered. If a writ of execution has not yet been issued, complete the appropriate form (see "Resources").
- 6). Submit all the forms to the clerk. The clerk will issue an earnings withholding order, and the officer of the court --- usually the sheriff --- will serve the appropriate documents on the employer to initiate garnishment proceedings.
