Section § 706.120

Explanation

This law says that the Judicial Council is responsible for creating the official forms needed for certain legal procedures, like applications, notices, and claims of exemption. These forms have to be used as instructed in another section of the law, and you can't use any other forms.

Except as provided in Section 706.081, the Judicial Council shall prescribe the form of the applications, notices, claims of exemption, orders, and other documents required by this chapter as provided in Section 681.030, and only such forms may be used to implement this chapter.

Section § 706.121

Explanation

This law outlines what information must be included in an "application for issuance of earnings withholding order," which is a request to take money directly from someone’s paycheck to pay off a debt. The form requires details like the debt debtor's and creditor's names and addresses, the court where the judgment was made, and if the debt involves elder abuse claims. It also needs the date of a writ of execution and details about where the withheld money should go and to whom.

The “application for issuance of earnings withholding order” shall be executed under oath and shall include all of the following:
(a)CA Civil Procedure Code § 706.121(a) The name, the last known address, and, if known, the social security number of the judgment debtor.
(b)CA Civil Procedure Code § 706.121(b) The name and address of the judgment creditor.
(c)CA Civil Procedure Code § 706.121(c) The court where the judgment was entered and the date the judgment was entered.
(d)CA Civil Procedure Code § 706.121(d) Whether the judgment is based in whole or in part on a claim for elder or dependent adult financial abuse and, if in part, how much of the judgment arises from that claim.
(e)CA Civil Procedure Code § 706.121(e) The date of issuance of a writ of execution to the county where the earnings withholding order is sought.
(f)CA Civil Procedure Code § 706.121(f) The total amount required to satisfy the order on the date of issuance (which may not exceed the amount required to satisfy the writ of execution on the date of issuance of the order plus the levying officer’s statutory fee for service of the order).
(g)CA Civil Procedure Code § 706.121(g) The name and address of the employer to whom the order will be directed.
(h)CA Civil Procedure Code § 706.121(h) The name and address of the person to whom the withheld money is to be paid by the levying officer.

Section § 706.122

Explanation

This law section explains that when an employee's wages are being garnished, the employee should receive a notice explaining what wage garnishment is and how to claim exemptions. It tells the employee that their employer must withhold money from their paycheck and send it to pay off a debt. The law allows employees to keep more of their earnings if they can show the money is needed to support themselves or their family, but they must file certain forms to request this from the court.

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, the right to an exemption, the procedure for claiming an exemption, and any other information the Judicial Council determines would be useful to the employee and appropriate for inclusion in the notice, including all of the following:
(a)CA Civil Procedure Code § 706.122(a) The named employer has been ordered to withhold from the earnings of the judgment debtor the amounts required to be withheld under Section 706.050, or such other amounts as are specified in the earnings withholding order, and to pay these amounts over to the levying officer for transmittal to the person specified in the order in payment of the judgment described in the order.
(b)CA Civil Procedure Code § 706.122(b) The manner of computing the amounts required to be withheld pursuant to Section 706.050.
(c)CA Civil Procedure Code § 706.122(c) The judgment debtor may be able to keep more or all of the judgment debtor’s earnings if the judgment debtor proves that the additional earnings are necessary for the support of the judgment debtor or the judgment debtor’s family supported in whole or in part by the judgment debtor.
(d)CA Civil Procedure Code § 706.122(d) If the judgment debtor wishes a court hearing to prove that amounts should not be withheld from the judgment debtor’s earnings because they are necessary for the support of the judgment debtor or the judgment debtor’s family supported in whole or in part by the judgment debtor, the judgment debtor shall file with the levying officer an original and one copy of the “judgment debtor’s claim of exemption” and an original and one copy of the “judgment debtor’s financial statement.”

Section § 706.123

Explanation

This law requires that a person who owes money (called the judgment debtor) must complete a claim of exemption form under oath. This form should explain how much money they think should be taken from their paycheck each time they get paid and must include their current mailing address.

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 withheld from the judgment debtor’s earnings each pay period by the employer pursuant to the earnings withholding order and shall state the judgment debtor’s present mailing address.

Section § 706.124

Explanation

This section adds specific requirements to a document called the "judgment debtor's financial statement." It needs to include details about any existing court orders that make employers take money directly from someone's paycheck to cover debts or support payments. This applies not only to the person who owes money (the judgment debtor) but also to their spouse or dependents.

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 the following additional information:
(a)CA Civil Procedure Code § 706.124(a) Whether any earnings withholding orders are in effect with respect to the earnings of the judgment debtor or the spouse or dependents of the judgment debtor.
(b)CA Civil Procedure Code § 706.124(b) Whether any earnings assignment orders for support are in effect with respect to the earnings of the judgment debtor or the spouse or dependents of the judgment debtor.

Section § 706.125

Explanation

This law outlines what must be included in an 'earnings withholding order' used to collect a debt from someone's paycheck. It specifies the necessary details such as the names and addresses of the person who owes the money and their employer, the court details, and if the debt involves elder or dependent adult financial abuse. The order also tells the employer exactly how much money to withhold and when to send it to a specific officer. Employers must also give a copy of this order to the debtor and fill out a form to return to the levying officer.

The “earnings withholding order” shall include all of the following:
(a)CA Civil Procedure Code § 706.125(a) The name, address, and, if known, the social security number of the judgment debtor.
(b)CA Civil Procedure Code § 706.125(b) The name and address of the employer to whom the order is directed.
(c)CA Civil Procedure Code § 706.125(c) The court where the judgment was entered, the date the judgment was entered, and the name of the judgment creditor.
(d)CA Civil Procedure Code § 706.125(d) Whether the judgment is based in whole or in part on a claim for elder or dependent adult financial abuse and, if in part, how much of the judgment arises from the claim.
(e)CA Civil Procedure Code § 706.125(e) The date of issuance of the writ of execution to the county where the earnings withholding order is sought.
(f)CA Civil Procedure Code § 706.125(f) The total amount required to satisfy the order on the date of issuance (which may not exceed the amount required to satisfy the writ of execution on the date of issuance of the order plus the levying officer’s statutory fee for service of the order).
(g)CA Civil Procedure Code § 706.125(g) A description of the withholding period and an order to the employer to withhold from the earnings of the judgment debtor for each pay period the amount required to be withheld under Section 706.050 or the amount specified in the order subject to Section 706.024, as the case may be, for the pay periods ending during the withholding period.
(h)CA Civil Procedure Code § 706.125(h) An order to the employer to pay over to the levying officer at a specified address the amount required to be withheld and paid over pursuant to the order in the manner and within the times provided by law.
(i)CA Civil Procedure Code § 706.125(i) An order that the employer fill out the “employer’s return” and return it by first-class mail, postage prepaid, to the levying officer at a specified address within 15 days after service of the earnings withholding order.
(j)CA Civil Procedure Code § 706.125(j) An order that the employer deliver to the judgment debtor a copy of the earnings withholding order and the “notice to employee of earnings withholding order” within 10 days after service of the earnings withholding order; but, if the judgment debtor is no longer employed by the employer and the employer does not owe the employee any earnings, the employer is not required to make the delivery.
(k)CA Civil Procedure Code § 706.125(k) The name and address of the levying officer.

Section § 706.126

Explanation

This law outlines what an employer needs to do when they receive a court order to withhold an employee’s earnings to pay off a debt. The employer must fill out a form under oath, providing specific details such as their employee's personal information and employment status. They must report earnings information, and whether there are any other court orders to withhold this employee's earnings. The form must be mailed back to the designated officer within 15 days. The employer also needs to provide contact information for sending notices about the withholding.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 706.126(a)(1) The name and address of the levying officer to whom the form is to be returned.
(2)CA Civil Procedure Code § 706.126(a)(2) A direction that the form be mailed to the levying officer by first-class mail, postage prepaid, no later than 15 days after the date of service of the earnings withholding order.
(3)CA Civil Procedure Code § 706.126(a)(3) The name, the address, and, if known, the social security number of the judgment debtor.
(b)CA Civil Procedure Code § 706.126(b) In addition, the employer’s return form shall require the employer to supply all of the following information:
(1)CA Civil Procedure Code § 706.126(b)(1) The date the earnings withholding order was served on the employer.
(2)CA Civil Procedure Code § 706.126(b)(2) Whether the judgment debtor is employed by the employer or whether the employer otherwise owes earnings to the employee.
(3)CA Civil Procedure Code § 706.126(b)(3) If the judgment debtor is employed by the employer or the employer otherwise owes earnings to the employee, the amount of the employee’s earnings for the last pay period and the length of this pay period.
(4)CA Civil Procedure Code § 706.126(b)(4) Whether the employer was required on the date of service to comply with an earlier earnings withholding order and, if so, the name of the judgment creditor who secured the earlier order, the levying officer who served such order, the date it was issued, the date it was served, the expiration date of such order, and which of the earnings withholding orders the employer is required to comply with under the applicable statutory rules concerning the priority of such orders.
(5)CA Civil Procedure Code § 706.126(b)(5) Whether the employer was required on the date of service to comply with an earnings assignment order for support and, if so, the court which issued such assignment order and the date it was issued and any other information the Judicial Council determines is needed to identify the order.
(6)CA Civil Procedure Code § 706.126(b)(6) The name and address of the person to whom notices to the employer are to be sent.

Section § 706.127

Explanation

This law requires the Judicial Council to create and update a set of instructions for employers regarding how to handle the withholding of earnings from employees' paychecks. These instructions must be revised when the laws or rules change. The Judicial Council is responsible for distributing these instructions to enforcement officers, who are tasked with carrying out wage withholding orders.

(a)CA Civil Procedure Code § 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 rules regulating the withholding of earnings.
(b)CA Civil Procedure Code § 706.127(b) Except to the extent that they are included in the forms required to be provided by the employer to the levying officer, the Judicial Council shall publish and provide to the levying officers copies of the employer’s instructions.

Section § 706.128

Explanation

This section outlines what needs to be included in a formal notice when a judgment creditor objects to a claim of exemption. The notice must be signed under oath and include the debtor's personal information, the creditor's details, the date the exemption notice was mailed, the amount of money claimed as exempt that the creditor disputes, and the reasons the creditor believes the exemption claim is invalid.

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)CA Civil Procedure Code § 706.128(a) The name, last known address, and, if known, the social security number of the judgment debtor.
(b)CA Civil Procedure Code § 706.128(b) The name and address of the judgment creditor.
(c)CA Civil Procedure Code § 706.128(c) The date of mailing of the notice of claim of exemption.
(d)CA Civil Procedure Code § 706.128(d) The amount of the judgment debtor’s claim of exemption which the judgment creditor claims is not exempt.
(e)CA Civil Procedure Code § 706.128(e) The factual and legal grounds for the judgment creditor’s opposition to the claim of exemption.

Section § 706.129

Explanation

If you're trying to claim that certain income or property should be protected from being taken to pay off a debt (an exemption), the levying officer must provide you with the necessary forms at their office for free. This includes forms to describe why you need the exemption and detail your financial situation.

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 levying officer’s office for distribution without charge to a person who desires to make a claim of exemption under Section 706.051.