Forms Committee Report – September, 2016 – CALSPro Conference

Forms Committee Report

Sept. 30, 2016

CALSPro 2016 Annual Conference, 10/8/16

This year saw few changes to court forms.  The majority of those involve the enforcement of judgment.

There is a new Current Dollar Amount from the Enforcement of Judgments form that was revised in April, 2016.

There were two changes to the Earnings Withhold Order (EWO) forms.  The latest operative EWO was revised effective on July 1, 2016.  The latest form references a website for employer’s to use to calculate the proper amount to withhold from the debtor who is a low income earner.   Legislation modified the formula for wage garnishments of a low income earner, reducing the worker’s percentage of 25% of “disposable income” subject to execution.

The Judicial Council proposed changes to the Writ of Execution and Order of Examination form.

The Writ of Execution form is still being considered, and will not be revised in 2017.  The Order to Appear for Examination will be submitted for approval to the Judicial Council in a couple of weeks. The proposed changes add instructions on page two to the judgment creditor to have the order served by a sheriff, registered process server, or someone specially appointed for the order to be enforced.

All current forms may be found on the California Judicial Council web site at http://www.courts.ca.gov/forms.htm