Get Instructions For Filing Of A Motion For ... - California Courts - Courts Ca

Filing a motion for an order to garnish wages can be a vital step in managing financial obligations. This guide offers a step-by-step approach to completing the necessary instructions in a clear and supportive manner, ensuring you understand each part of the process.

Follow the steps to successfully file your motion.

1. Click 'Get Form' button to access the form and open it in your preferred editor.
2. Begin by reading the instructions carefully. Determine if you are the judgment creditor seeking to garnish wages from a non-debtor spouse.
3. Prepare your motion by including your name, contact information, and the details of the judgment in question, ensuring it follows the format required by the court.
4. Serve the non-debtor spouse with a copy of the motion and judgment. Choose one of the service methods: registered mail (with return receipt), personal service, or substituted service. Ensure compliance with the timing requirements (15 to 25 days before the hearing).
5. Once service is completed, file a Proof of Service with the Clerk of the Small Claims Court. This document confirms that the non-debtor spouse was properly notified.
6. Review the notice of hearing information. Keep in mind that the clerk will notify the original parties (plaintiff and defendant) of the hearing, and you do not need to serve them.
7. Prepare and submit an order for the Commissioner’s signature to enforce the writ against the non-debtor spouse, ensuring you follow local court procedures.
8. After the order is signed, obtain a certified copy and take it to the sheriff's department to initiate garnishment.
9. At this point, ensure you have saved your completed form and documentation, which may include options to download, print, or share any relevant documents for your records.

Start the process of filing your motion online today to effectively pursue your financial recovery.