Wage Garnishment Law

Useful Rulings on Wage Garnishment Laws

Recent Rulings on Wage Garnishment Laws

PRO-GTL VS MEDICALLY GROWN ORGANIC TREES, INC., ET AL.

MOTION FOR ORDER TO GARNISH EARNINGS OF JUDGMENT DEBTOR’S SPOUSE [CCP § 706.109] Date: 11/6/20 (8:30 AM) Case: PRO-GTL v. Medically Grown Organic Trees, Inc. et al. (19GDCV01142) TENTATIVE RULING: Judgment creditor PRO-GTL’s UNOPPOSED Motion for Order to Garnish Earnings of Judgment Debtor’s Spouse is GRANTED. CCP § 706.109 provides: “An earnings withholding order may not be issued against the earnings of the spouse of the judgment debtor except by court order upon noticed motion.”

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

DASKALAKIS VS. RAMOS

In addition, Plaintiff provides no evidence that the Notice of Motion for Order Determining Claim of Exemption or Notice of Hearing on Claim of Exemption (WG-010) was served on the levying officer, as required by Code of Civil Procedure Section 706.105, subdivision (e). The attached Proof of Service indicates service on only claimant de la Torre.

  • Hearing

CHRISTINA LE ET AL VS ROBERT T AIELLO

., § 706.109.) “Except as otherwise expressly provided by statute, the community estate is liable for a debt incurred by either spouse before or during marriage, regardless of which spouse had the management and control of the property and regardless of whether one or both spouses are parties to the debt or to a judgment for the debt.” (Fam. Code, § 910, subd. (a).) B.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

MCA FIXED PAYMENT LLC VS. DONE DEAL CONSTRUCTION, INC.

Proc. § 706.105(d).) There is no extra time for mailing of the claim of exemption. (Code Civ. Proc. § 706.105(e).) For the notice of opposition, the official form (EJ-170) must be used.

  • Hearing

TIMOTHY O'BRIEN VS. AMBS DIAGNOSTICS, LLC,

Pursuant to CCP § 706.105, the Court finds that $317,664.34 is exempt from levy. The remainder may be levied by Creditor AMBS Diagnostics, LLC to satisfy its September 4, 2014 judgment against debtor Timothy O’Brien.

  • Hearing

LOBEL FINANCIAL CORP. VS. BRAVO

(CCP §706.105(g).)

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

CHRISTINA LE ET AL VS ROBERT T AIELLO

., § 706.109.) “Except as otherwise expressly provided by statute, the community estate is liable for a debt incurred by either spouse before or during marriage, regardless of which spouse had the management and control of the property and regardless of whether one or both spouses are parties to the debt or to a judgment for the debt.” (Fam. Code, § 910, subd. (a).) B.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

LOBEL FINANCIAL CORP VS. GONZALES

In accordance with CCP § 706.105(g), the clerk of court shall forward a certified copy of this order determining claim of exemption to the San Bernardino County Sheriff, 157W. 5th Street 3rd Floor, San Bernardino, CA 92415-0225.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

BILELLO VS. PLATINUM PROPERTIES

(CCP 706.105(g).) MP give notice.

  • Hearing

PERSOLVE LLC VS. LEMAR A HASHEMYAR

CCP §§ 706.050 and 706.051 The portion of the judgment debtor's earnings which he proves is necessary for his/her support or the support of his/her family is exempt from levy. CCP § 706.051(b). The amount to be garnished may not exceed 1) 25% of disposable earnings for that week, or 2) the amount by which disposable earnings for that week exceed forty times the state minimum hourly wage whichever is less. CCP § 706.050(a). The multiplier is 80 for a biweekly pay period and 173 1/3 for monthly pay period.

  • Hearing

EL TORO EXPORT LLC VS LYERLY

. § 706.010 et seq. Upon noticed motion, the Court may issue an earnings withholding order against the earnings of the spouse of a judgment debtor. Code Civ. Proc. § 706.109. C. The court reviewed Marriage of Bell (1996) 49 Cal.App.4th 300. There, it was the wife who embezzled large sums from her employer while the husband was ignorant of her scheme. The victim sued both the wife and the husband, and the resulting $150,000.00 settlement payment came from community funds. Id. at 302-03.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

CALIFORNIA STATE UNIVERSITY VS. LETSGOEXPO, INC., ET AL

Code of Civil Procedure, section 706.109 provides: “An earnings withholding order may not be issued against the earnings of the spouse of the judgment debtor except by court order upon noticed motion.” Family Code section 910, subdivision (a) provides.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ACTION PROFESSIONALS, INC. V. MARIO DE LA ROSA

The Court notes that in addition, the levying officer (here, the Los Angeles County Sheriff’s Office) has not submitted the items required to be filed under section 706.105(e). The general exemption process is as follows: An exemption is claimed by filing with the levying officer (not the court) a Claim of Exemption form and a Financial Statement. (§ 706.105(b).) The levying officer then forwards those documents to the judgment creditor along with a notice of claim of exemption form. (§ 706.105(c).)

  • Hearing

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA VS. YESENIA BENITEZ

. & Debt (The Rutter Group 2018) ¶ 6:1178, citing Code of Civil Procedure § 706.051(a) and (b) (emphasis removed).) There is no precise definition of what is 'necessary' for the support of a judgment debtor or his or her family. 'Necessary' expenses normally include housing costs, food, insurance, automobile costs, etc. However, the court must consider the circumstances surrounding each individual case – what is 'necessary' in some circumstances may be a luxury in others. (Ahart, Alan, M., Cal. Prac.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

A-L FINANCIAL CORPORATION VS MEFFORD

Under CCP section 706.051, "the portion of the judgment debtor's earnings" that are "necessary for the support of the judgment debtor or the judgment debtor's family" are exempt from levy. (Code Civ. Proc., § 706.051.) Judgment Debtor Jamie L. Mefford provides a declaration, under penalty of perjury, stating Judgment Debtor's expenses for rent, food, and utilities exceed Judgment Debtor's monthly income of $1,282.00. Judgment Creditor does not explain how the funds are not exempt.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

LOBEL FINANCIAL CORP. VS. BRAVO

(CCP §706.105(g).)

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

DENISE SESCO VS JULIO CESAR VEJARIEL

Code of Civil Procedure section 706.109 states that an earnings-withholding order may not be issued against the earnings of the spouse of the judgment debtor except by court order upon noticed motion. Here, Petitioner has filed such a noticed motion. The Court notes that Petitioner has included a valid Proof of Service, demonstrating that she has served the Spouse by personal service.

  • Hearing

KIVEL VS. MCINERNEY

Here, defendants' argument is persuasive that assigning 50% of account receivables from McInerney & Associates would effectively garnish more than the allowable amount from McInerney's earnings in contravention of the wage garnishment law. Plaintiffs acknowledge that McInerney is the sole owner, director, officer and sole employee of McInerney & Associates. Mtn., p.3, Kivel Decl. Exh. D.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

JUI-CHIEN LIN VS ROBERT CHIU

An assignment of earnings or periodic payments under a pension or retirement plan may not exceed the amount that may be withheld from a like amount of earnings under the Wage Garnishment Law. (CCP § 708.510(e).) When a specific amount of the payment to be assigned is exempt from the enforcement of a money judgment by statute, the assigned amount may not exceed the amount by which the payment exceeds the exempt amount. (CCP § 708.510(f).)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

SACOR FINANCIAL, INC. VS. JO HOON SHIN

(CCP §706.109.) In general, “[e]xcept as otherwise expressly provided by statute, the community estate is liable for a debt incurred by either spouse before or during marriage, regardless of which spouse has the management and control of the property and regardless of whether one or both spouses are parties to the debt or to a judgment for the debt.” (Fam. Code §910(a).)

  • Hearing

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

(NO CASE NAME AVAILABLE)

MOTION FOR WITHHOLDING ORDER AGAINST JUDGMENT DEBTOR’S SPOUSE (CCP § 706.109, et seq.) TENTATIVE RULING: Sarcor Financial, Inc.’s Motion for Order Granting an Earnings Withholding on the Spouse of Judgment Debtor is PLACED OFF CALENDAR.

  • Hearing

ADI GREENBERG, ET AL VS. FAY HONG, ET AL

USC 562; (4) CCP 706.050; (5) CCP 706.051; (6) CCP §704.060; (7) CCP §704.140. There is no wage garnishment at issue. A.

  • Hearing

  • Type

    Business

  • Sub Type

    Intellectual Property

  • Judge

    H. Jay Ford

  • County

    Los Angeles County, CA

DENISE SESCO VS JULIO CESAR VEJARIEL

Code of Civil Procedure section 706.109 states that an earnings withholding order may not be issued against the earnings of the spouse of the judgment debtor except by court order upon noticed motion. Here, Petitioner has filed such a noticed motion. The Court notes that Petitioner has included a valid Proof of Service, demonstrating that she has served the Spouse by personal service.

  • Hearing

CASHCALL, INC. V. NICHOLSON

., § 706.051(a),(b).) Thus, under appropriate circumstances, an employee may be able to exempt all of his or his earnings from a nonsupport withholding order. (Ahart, Cal. Practice Guide: Enforcing Judgments and Debts (The Rutter Group 2019) ¶ 6:1178.) A judge is vested with broad discretion in determining whether the debtor has proven entitlement to an exemption. (Perfection Paint Products v. Johnson (1958) 164 Cal.App.2d 739, 741; see also § 706.106 [court need not make findings].)

  • Hearing

CACH, LLC V. SIMMONS

(Code of Civil Procedure, § 706.105(c).) “A judgment creditor who desires to contest a claim of exemption shall, within 10 days after the date of the mailing of the notice of claim of exemption, file with the levying officer a notice of opposition to the claim of exemption.” (Code of Civil Procedure, § 706.105(d).) “If a notice of opposition to the claim of exemption is filed with the levying officer within the 10-day period, the judgment creditor is entitled to a hearing on the claim of exemption.

  • Hearing

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