SUBJECT: Motion to Garnish Spouse Wages
Moving Party: Assignee of Record, Creative Recovery Concepts, Inc.
Resp. Party: None
The motion to garnish spouse wages is DENIED.
BACKGROUND:
On April 5, 2019, pursuant to a stipulation by the parties, the Court entered judgment in favor of Plaintiffs Christina Le & Dung Le in the amount of $160,495.00 against Defendant Robert T. Aiello.
On May 16, 2019, Plaintiffs assigned the judgment to Creative Recovery Concepts, Inc.
On September 11, 2020, Assignee of Record, Creative Recovery Concepts, Inc., filed the instant unopposed motion for issuance of earnings withholding order against Lori E. Tripi aka Lori Elaine Tripi-Aiello, spouse of judgment debtor.
ANALYSIS:
A. Legal Standard
“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.” (Code Civ. Proc., § 706.109.)
“Except as otherwise expressly provided by statute, the community estate is lia
Hearing Date
October 16, 2020
Type
Contract/Warranty Breach - Seller Plaintiff (no fraud/negligence) (General Jurisdiction)
Status
Stipulated Judgment - Before Trial 04/05/2019
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SUBJECT: Motion to Garnish Spouse Wages
Moving Party: Assignee of Record, Creative Recovery Concepts, Inc.
Resp. Party: None
The motion to garnish spouse wages is DENIED.
BACKGROUND:
On April 5, 2019, pursuant to a stipulation by the parties, the Court entered judgment in favor of Plaintiffs Christina Le & Dung Le in the amount of $160,495.00 against Defendant Robert T. Aiello.
On May 16, 2019, Plaintiffs assigned the judgment to Creative Recovery Concepts, Inc.
On September 11, 2020, Assignee of Record, Creative Recovery Concepts, Inc., filed the instant unopposed motion for issuance of earnings withholding order against Lori E. Tripi aka Lori Elaine Tripi-Aiello, spouse of judgment debtor.
ANALYSIS:
A. Legal Standard
“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.” (Code Civ. Proc., § 706.109.)
“Except as otherwise expressly provided by statute, the community estate is lia