CHAPTER 5. Wage Garnishment [706.010. - 706.154.]
Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2.
§§ 706.010–706.154 · 56 sections
ARTICLE 1. Short Title; Definitions §§ 706.010–706.011 · 2 sections
ARTICLE 2. General Provisions §§ 706.020–706.034 · 15 sections
- § 706.020 Except for an earning assignment order for support, the earnings of an employee shall not be required to be withheld by an employer for payment of a debt by…
- § 706.021 Notwithstanding any other provision of this title, a levy of execution upon the earnings of an employee shall be made by service of an earnings withholding…
- § 706.022 (a) A judgment creditor shall not enforce an earnings withholding order beyond the period of enforceability as defined in Section 683.020 or, if renewed, as…
- § 706.023 Except as otherwise provided in this chapter: (a) An employer shall comply with the first earnings withholding order served upon the employer. (b) If the…
- § 706.024 (a) The amount required to satisfy an earnings withholding order is the total amount required to satisfy the writ of execution on the date the order is issued,…
- § 706.025 (a) Except as provided in subdivision (b), the amount required to be withheld pursuant to an earnings withholding order shall be paid monthly to the levying…
- § 706.026 (a) The levying officer shall receive and account for all amounts paid by the employer pursuant to Section 706.025 and shall pay the amounts so received over…
- § 706.027 If the judgment pursuant to which the earnings withholding order is issued is satisfied before the order otherwise terminates pursuant to Section 706.022, the…
- § 706.028 (a) “Final earnings withholding order for costs and interest” means an earnings withholding order for the collection only of unsatisfied costs and interest,…
- § 706.029 Service of an earnings withholding order creates a lien upon the earnings of the judgment debtor that are required to be withheld pursuant to the order and…
- § 706.030 (a) A “withholding order for support” is an earnings withholding order issued on a writ of execution to collect delinquent amounts payable under a judgment for…
- § 706.031 (a) Nothing in this chapter affects an earnings assignment order for support. (b) An earnings assignment order for support shall be given priority over any…
- § 706.032 (a) Except as otherwise provided by statute: (1) If withholding under an earnings withholding order ceases because the judgment debtor’s employment has…
- § 706.033 If the writ is returned before the earnings withholding order terminates, on termination of the earnings withholding order the levying officer shall make a…
- § 706.034 The employer may deduct from the earnings of the employee the sum of one dollar and fifty cents ($1.50) for each payment made in accordance with an earnings…
ARTICLE 3. Restrictions on Earnings Withholding §§ 706.050–706.052 · 3 sections
- § 706.050 (a) Except as otherwise provided in this chapter, the maximum amount of disposable earnings of an individual judgment debtor for any workweek that is subject…
- § 706.051 (a) For the purposes of this section, “family of the judgment debtor” includes the spouse or former spouse of the judgment debtor. (b) Except as provided in…
- § 706.052 (a) Except as provided in subdivision (b), one-half of the disposable earnings (as defined by Section 1672 of Title 15 of the United States Code) of the…
ARTICLE 4. Earnings Withholding Order for Taxes §§ 706.070–706.084 · 13 sections
- § 706.070 As used in this article: (a) “State” means the State of California and includes any officer, department, board, or agency thereof. (b) “State tax liability”…
- § 706.071 This chapter does not limit the state’s right to collect a state tax liability except that (a) no levy upon earnings of an employee held by an employer is…
- § 706.072 (a) A “withholding order for taxes” is an earnings withholding order issued pursuant to this article to collect a state tax liability and shall be denoted as a…
- § 706.073 Except as otherwise provided in this article, the provisions of this chapter govern the procedures and proceedings concerning a withholding order for taxes.…
- § 706.074 (a) The state may itself issue a withholding order for taxes under this section to collect a state tax liability. The order shall specify the total amount…
- § 706.075 (a) This section applies to any withholding order for taxes issued under this article. (b) Together with the withholding order for taxes, the state shall serve…
- § 706.076 (a) A withholding order for taxes may be issued pursuant to this section requiring the employer of the taxpayer to withhold an amount in excess of the amount…
- § 706.077 (a) Subject to subdivision (b), an employer upon whom a withholding order for taxes is served shall withhold and pay over earnings of the employee pursuant to…
- § 706.078 (a) Except as provided in subdivision (b), the employer shall not withhold pursuant to a withholding order for taxes from earnings of the employee payable for…
- § 706.080 Service of a withholding order for taxes or of any other notice or document required under this chapter in connection with a withholding order for taxes may be…
- § 706.081 Except for the forms referred to in Section 706.076, the state shall prescribe the form of any order, notice, or other document required by this chapter in…
- § 706.082 No review of the taxpayer’s tax liability shall be permitted in any court proceedings under this chapter.
- § 706.084 Where a warrant, notice of levy, or notice or order to withhold is served on the employer to enforce a state tax liability of a person who is an employee of…
ARTICLE 5. Procedure for Earnings Withholding Orders and Exemption Claims §§ 706.100–706.109 · 9 sections
- § 706.100 Notwithstanding any other provision of law, the Judicial Council may provide by rule for the practice and procedure in proceedings under this chapter except…
- § 706.101 (a) An earnings withholding order shall be served by the levying officer upon the employer by delivery of the order to any of the following: (1) The managing…
- § 706.102 (a) If a writ of execution has been issued to the county where the judgment debtor’s employer is to be served and the time specified in subdivision (b) of…
- § 706.103 (a) The levying officer shall serve upon the designated employer all of the following: (1) The original and one copy of the earnings withholding order. (2) The…
- § 706.104 Any employer who is served with an earnings withholding order shall: (a) Deliver to the judgment debtor a copy of the earnings withholding order, the notice to…
- § 706.105 (a) A judgment debtor may claim an exemption under Section 706.051 under either of the following circumstances: (1) No prior hearing has been held with respect…
- § 706.106 No findings are required in court proceedings under this chapter.
- § 706.108 (a) If a writ of execution has been issued to the county where the judgment debtor’s employer is to be served and the time specified in subdivision (b) of…
- § 706.109 An earnings withholding order may not be issued against the earnings of the spouse of the judgment debtor except by court order upon noticed motion.
ARTICLE 6. Forms; Employer’s Instructions §§ 706.120–706.129 · 10 sections
- § 706.120 Except as provided in Section 706.081, the Judicial Council shall prescribe the form of the applications, notices, claims of exemption, orders, and other…
- § 706.121 The “application for issuance of earnings withholding order” shall be executed under oath and shall include all of the following: (a) The name, the last known…
- § 706.122 The “notice to employee of earnings withholding order” shall contain a statement that informs the employee in simple terms of the nature of a wage garnishment,…
- § 706.123 The “judgment debtor’s claim of exemption” shall be executed under oath. The claim of exemption shall indicate how much the judgment debtor believes should be…
- § 706.124 The “judgment debtor’s financial statement” shall be executed as provided in Section 703.530 and contain all of the information required by that section and…
- § 706.125 The “earnings withholding order” shall include all of the following: (a) The name, address, and, if known, the social security number of the judgment debtor.…
- § 706.126 (a) The “employer’s return” shall be executed under oath. The form for the return provided to the employer shall state all of the following information: (1)…
- § 706.127 (a) The Judicial Council shall prepare “employer’s instructions” for employers and revise or supplement these instructions to reflect changes in the law or…
- § 706.128 The “judgment creditor’s notice of opposition to the claim of exemption” shall be executed under oath and shall include all of the following: (a) The name,…
- § 706.129 The levying officer shall have copies of the forms for the “judgment debtor’s claim of exemption” and “judgment debtor’s financial statement” available at the…
ARTICLE 7. Administration and Enforcement §§ 706.151–706.154 · 4 sections
- § 706.151 The Judicial Council may perform all acts required by the Administrator of the Wage and Hour Division of the United States Department of Labor as conditions to…
- § 706.152 If an employer withholds earnings pursuant to this chapter and, with the intent to defraud either the judgment creditor or the judgment debtor, fails to pay…
- § 706.153 (a) No employer shall defer or accelerate any payment of earnings to an employee with the intent to defeat or diminish the judgment creditor’s rights under an…
- § 706.154 (a) If an employer fails to withhold or to pay over the amount the employer is required to withhold and pay over pursuant to this chapter, the judgment…