How to File for Wage Garnishment After an Eviction in California
If a tenant fails to pay his rent, you can sue to evict him from the premises. Winning an eviction lawsuit forces the tenant to remove his personal property from the premises. In addition, the court usually issues a judgment against the tenant, requiring him to pay the rent and other costs he owed prior to eviction. In California, you can collect the judgment by filing paperwork with the court to request wage garnishment.
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Instructions
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Obtain a writ of execution form and an application for earnings withholding order from the court in the county where you filed the unlawful detainer.
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Fill out the writ of execution form completely. Provide the debtor's last known name and address, as well as the amount of the judgment and your court costs, including the cost of filing the writ of execution.
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Complete the earnings withholding order form. Provide the employer's most recent address, as well as the employee's name and address. Don't sign this form.
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Bring both the writ of execution and earnings withholding order to the clerk of the court where you obtained the forms. Pay any filing fee due and turn in the forms. The court will make a copy of the forms for your records and copies for the sheriff to serve to the debtor.
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Receive your money from the levying officer 10 days after the close of each pay period once the garnishment goes into effect.
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