19-9084 Elite Witholding Order 2/25/2021

Plaintiff Elite Acceptance Corporation moves for an Earnings Withholding Order against the judgment debtor’s spouse Isalino P. Santos Jr.. Having read and considered the motion, the court issues the following tentative ruling:

No opposition filed.

This court signed the judgment on October 5, 2020. There is no indication that a Notice of Entry of Judgment was ever filed or served.

Code Civ. Proc., § 706.109 provides 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.”

There is a Declaration of personal service upon Isalino P. Santos Jr. on January 26, 2021. There is a declaration of non-service upon Marissa Santos.

Defendant and judgment debtor Marissa Sanchez purchased a used 2015 Ford for personal and household use. After a failure to make payments, Plaintiff obtained a judgment against Marissa Santos. With regard to this vehile tra