2017-00209913-CU-BC

JFL, LLC vs. Ryan Lovering

Nature of Proceeding: Motion for a Spousal Earnings Withholding Order

Filed By: Cribb, Steven D.

Assignee of Record Northern California Collection Service, Inc.’s (“NCCS”) unopposed motion for spousal withholding order is granted.

Judgment was entered against Judgment Debtor Tony Glover on July 25, 2017 and assigned to NCCS on January 29, 2018. Currently the balance on the judgment is $76,827. NCCS indicates that the Judgment Debtor is married to Lindsay Glover.

When the property of a judgment debtor is subject to levy, so is the community property interest of the debtor’s spouse. (CCP §§ 487.010(d), 695.020.) The community property of both the debtor and nondebtor spouse are liable for debts incurred by either. (Fam. Code §§ 902, 910.) In addition, the judgment creditor must obtain an order where it seeks an earnings withholding order against the spouse. (CCP § 706.109.) Thus, Plaintiff is entitled to levy upon the community property assets of the judgment debtor’s spouse. Pursuant to CCP § 706.109, the Court is authorized to issue an earnings withholding order against a spouse upon a noticed motion.

Pursuant to Code of Civil Procedure section 706.109, the Court is authorized to issue an earnings withholding order against a judgment debtor’s spouse upon a noticed motion. “An earnings withholding order may not be issued against the earnings of the spouse of the judgment debtor except by court order upon notice.” (CCP § 706.109.) “Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state

is community property.” (Fam. Code § 760.) Further, “[e]xcept as otherwise 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.) California Family Code section 910(a) provides that the community estate is liable for a debt incurred by either spouse during marriage. Code of Civil Procedure section 695.020(a) provides that “Community property is subject to enforcement of a money judgment as provided in the Family Code.”

Judgment creditor “may apply for the issuance of an earnings withholding order by filing an application with a levying officer in such county who shall promptly issue an earnings withholding order.” (CCP § 706.102.)

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.