Wage GarnishmentForms; Employer’s Instructions
Section § 706.120
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.
Section § 706.121
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.
Section § 706.122
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.
Section § 706.123
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.
Section § 706.124
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.
Section § 706.125
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.
Section § 706.126
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.
Section § 706.127
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.
Section § 706.128
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.
Section § 706.129
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.