COLLECTING FROM
THE DEBTORS SPOUSE

QUESTION:

Is collection available against the wages of the debtor's spouse or domestic partner if that person wasn't a defendant in my case?

ANSWER:

Yes. Local court provides for collection against debtor’s spouse or domestic partner as long as a noticed motion under Code of Civil Procedure section was properly filed and served.

QUESTION:

What type of motions would assist in collecting my judgment if I think the debtor transferred assets to his wife?

ANSWER:

Some of the first steps may include filing a Joinder. Simply stated this process joins the spouse in the collection process.

This subjects the spouse to the jurisdiction of the court . This then allows for full blown invasive discovery.

Discovery includes taking the spouses deposition, freezing the spouses financial accounts.

It also allows issuing subpoena affecting the spouse and serving demand for production of financial records from enities related to the spouse (like family members and accountants)

QUESTION:

What happens if it's proven that the spouse knowingly and willing participated in the unlawful transfer or concealment of an asset to defraud a creditor?

ANSWER:

Both the debtor and spouse would be at the mercy of the court for their complicity in the fraud. Both would be held liable for the damages sustained by the creditor.

They can be subject to all judicial remedies available to a vendicated creditor.

Judgment Collection Attorney, Lawyer
Los Angeles & California Enforcement.