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- Debt Collection
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In California, creditors can usually look to a non-debtor spouse’s assets to collect on a judgment. This often includes the wages of the non-debtor spouse. Since wages are generally considered community property, the non-debtor spouse’s earnings are typically subject to garnishment. The Process: Unlike garnishing the debtor’s wages, a court order is required before garnishing the spouse’s wages (see CCP § 706.109). The creditor must file a motion and properly serve it on the judgment debtor and the non-debtor spouse. The motion should explain why the spouse’s wages are community property. ...