Motion for Order to Garnish Wages
Moving Party: Plaintiff/Judgment Creditor Hanmi Bank. Responding Party: Kamla Devi aka Kamla Deri aka Devi Kamladevi aka Kamladevi Devi, spouse of Judgment Debtor Harmesh Lal (“Kamla Devi”).
Ruling: Judgment Creditor’s motion for order allowing the garnishment of wages of Judgment Debtor Harmesh Lal’s Spouse, Kamla Devi, is granted.
Code of Civil Procedure section 706.109 states that an earnings withholding order will not issue against the spouse of the judgment debtor “except by court order upon noticed motion.”
The Wage Garnishment Law (Code Civ. Proc., §§ 706.010–706.154), which is part of the Enforcement of Judgments Law (Code Civ. Proc., §§ 680.010–724.260), authorizes the enforcement of a money judgment by an order to the judgment debtor’s [or here, a judgment debtor’s spouse’s] employer to withhold a portion of the debtor’s earnings and pay them to the levying officer, who turns them over to the judgment creditor.
Counsel for Judgment Creditor h
Hearing Date
January 14, 2019
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Motion for Order to Garnish Wages
Moving Party: Plaintiff/Judgment Creditor Hanmi Bank. Responding Party: Kamla Devi aka Kamla Deri aka Devi Kamladevi aka Kamladevi Devi, spouse of Judgment Debtor Harmesh Lal (“Kamla Devi”).
Ruling: Judgment Creditor’s motion for order allowing the garnishment of wages of Judgment Debtor Harmesh Lal’s Spouse, Kamla Devi, is granted.
Code of Civil Procedure section 706.109 states that an earnings withholding order will not issue against the spouse of the judgment debtor “except by court order upon noticed motion.”
The Wage Garnishment Law (Code Civ. Proc., §§ 706.010–706.154), which is part of the Enforcement of Judgments Law (Code Civ. Proc., §§ 680.010–724.260), authorizes the enforcement of a money judgment by an order to the judgment debtor’s [or here, a judgment debtor’s spouse’s] employer to withhold a portion of the debtor’s earnings and pay them to the levying officer, who turns them over to the judgment creditor.
Counsel for Judgment Creditor h