Evans

This appeal arises from the effort of plaintiff Timothy Kirk Evans, as personal representative of the estate of Larry Lloyd Royse, to enforce a money judgment against William and Emma Paye by executing on debts allegedly owed to them by their son, defendant Mark Paye. (Code Civ. Proc., §§ 700.040, 701.010 et seq. [under certain circumstances, these sections permit a judgment creditor to levy on amounts owed by a third person to the judgment debtor].)

On appeal, Mark contends the trial court erred in concluding that his denial of an alleged $35,000 debt to William and Emma was not made in good faith; consequently, the court should have required plaintiff to bring a creditor’s suit to determine whether the $35,000 received by Mark from William and Emma was in fact a loan subject to being applied to their judgment debt in favor of plaintiff. Mark also claims the record does not support the court’s decision to award attorney fees and costs to plaintiff for Mark’s failure to disclose the $35,000 obligation in the memorandum of garnishee he filed in accordance with Code of Civil Procedure section 701.030, and the court wrongly denied his motion for reconsideration of that…