Sorry but that will not work. Since the amount is part of the original judgment you already have, your recourse is only to seek enforcement of that judgment through collections, wage garnishment etc....as offered in California. This is not a new debt, so you cannot file another lawsuit, since that amount is already covered in the original judgment.

Further unless the wife entered into a separate agreement to make payments on this judgment, you cannot file against her as the cause of action is against him.

To sue the amount you are asking must not be part of another existing judgment.


Hope this makes sense.

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I never said it was not true, but what I am saying is that you cannot sue again for an amount that is already awarded in the original judgment, that will be double dipping which is not permitted Further if you never added the wife to the original lawsuit, you cannot now go sue again just to add her own.

Again you cannot now file another court action to add money damages that were already awarded in an original lawsuit.

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Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Now that you have a judgment all you can do is enforce it by going after the entire martial property. So in addition to getting the abstract of judgment you need to file a request to levy on the marital bank accounts, to intercept the joint tax return. The code section you reference means you can go after the community property as the spouse is also liable, but this in terms of enforcing the judgment you already have. So in addition to the abstract of judgment, you also need to get the forms to attach liens to the martial properties, accounts, tax returns. You can get these from the court clerk, prepare and file and then the court clerk will have the sheriff serve to the person or agency to be able to seize what you are asking.

It is possible to file a separation motion to collect wages against the debtor's spouse. This would involve you preparing a motion pursuant to CCP 107.109 asking the court to grant your request to garnish the debtor's spouse's wages. See if your local court clerk has these forms, usually you need to write up your own motion and order for a case that is not part of small claims court.

Please click Accept.

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Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “Attention lawNinvest” Thank you.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.