Neiman Marcus v. Tait

Opinion

GILBERT, J.

While a judgment creditor is in the process of enforcing its judgment, the probate court orders a conservator for the judgment debtor’s estate. Here we hold that Code of Civil Procedure section 709.030 requires the judgment creditor to apply for payment to the probate court. We affirm the order of the trial court denying the judgment creditor’s motion to require the sheriff to turn over money subject to an execution lien.

Facts

On February 10, 1993, Neiman Marcus obtained a judgment against Connie Tait in the amount of $77,166.20. The judgment was to recover money owed for two…