Legal Question in Credit and Debt Law in California

Re: Can I attached wages from a defentants spouse

The answer to this question is probably yes. In California all income earned during the marriage is community property. Thus, you will likely be able to collect at least the husband's 1/2 community property interest in the wages earned by the spouse.

A question that is important is whether the debt is a community property debt, i.e., was it incurred during the marriage?

I need further information for a more complete answer.

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Re: Can I attached wages from a defentants spouse

A judgment is a determination that you are entitled

to collect the money from the defendant, and, in

most instances, the defendant's spouse. Whether

the defendant is working has nothing to do with your

right to collect, only with your ability to collect.

You can take money from the defendant's bank account,

you can put a lien on their house, you can attach

their wages (if they're working), you can take other assets

including, maybe, their new car. Enforcing a judgment

can be complicated, so you might want to consult

with an attorney. There are self-help books, too.

Re: Can I attached wages from a defentants spouse

The answer to your question depends on the nature of the debt underlying the judgment. Community property assets may, including wages, can be levied upon for a community debt. However, the working spouse may file a claim of exemption to a wage garnishment, depending upon the size of the earnings. You may wish to consider levying upon other assets. If we may be of further assistance, please contact us at www.labusinesslawyer.com.