Elder and dependent adult abuse: restitution: earnings withholding orders.

Existing law provides for the award of attorney's fees and costs, and damages to a plaintiff when it is proven by a preponderance of the evidence that the defendant is liable for financial abuse of an elder or dependent adult. Existing law authorizes the remedy of attachment against a defendant's property to secure the amount of the claimed indebtedness to the plaintiff in connection with cases involving financial abuse of an elder or dependent adult. This bill would require the court to issue an earnings withholding order for elder or dependent adult financial abuse, as defined, for a defendant who has been found liable for financial abuse of an elder or dependent adult, as specified. Existing law provides that, except for earnings assignment orders for support, the provisions governing earnings withholding orders provide the exclusive procedure by which a judgment creditor can execute against the wages of a judgment debtor. Existing law provides that if an employer is served with 2 or more earnings withholding orders, the employer is required to comply with the order issued pursuant to the judgment first entered. This bill would require that earnings withholding orders for elder or dependent adult financial abuse be given priority over any other earnings withholding orders, as provided. The bill would also require, however, that earnings withholding orders for support or for taxes be given priority over earnings withholding orders for elder or dependent adult financial abuse. The bill would require that the application for issuance of an earnings withholding order and the earnings withholding order include how much of the judgment arises from that claim.