Doe v. Smith

Opposing a Withholding Order for a Judgment Debtor's Spouse


This pleading successfully defeated a judgment creditor's motion for a spousal earnings withholding order. As a result of California's community property laws, judgment creditor's in California are often sloppy in their efforts to go directly after the judgment debtor and instead seek recovery from the solvent spouse. This type of opposition can derail the effort and open the door to negotiating an existing judgment.

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Reference Info:Pleadings | State, 9th Circuit, California | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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