Section § 706.020

Explanation

An employer cannot be forced to take money from an employee's paycheck to pay off debts through court orders, except in child or spousal support cases, unless it follows the rules outlined in this chapter.

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 means of any judicial procedure other than pursuant to this chapter.

Section § 706.021

Explanation

This law says that if someone's wages are going to be garnished to pay off a debt, the process must be done by officially notifying both the employer and the person who owes the money with what's called an 'earnings withholding order.'

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 order upon the employer and judgment debtor in accordance with this chapter.

Section § 706.022

Explanation

This law explains when and how a creditor can seize a part of someone's wages (through an earnings withholding order) to pay off a debt. The order can only be enforced for a certain time, which starts 30 days after the order is served. If the debtor files an exemption claim within a specific time, this period starts 45 days after service. The withholding continues until the debt is paid, a court or levying officer ends the order, or the order expires. Employers must withhold wages during this time, and they won't be punished for properly following the order before some legal actions are served on them.

(a)CA Civil Procedure Code § 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 provided for in subdivision (c) of Section 683.120. As used in this section, “withholding period” means the period which commences on the 30th day after service of an earnings withholding order upon the judgment debtor. If a claim of exemption is filed with the levying officer, and the employer is given actual notice before the close of business on the 29th day after the service of the earnings withholding order on the judgment debtor, the withholding period commences on the 45th day after service of the earnings withholding order on the judgment debtor. The withholding period shall continue until the earliest of the following dates:
(1)CA Civil Procedure Code § 706.022(a)(1)  The date the employer has withheld the full amount required to satisfy the order.
(2)CA Civil Procedure Code § 706.022(a)(2) The date of termination specified in a court order served on the employer.
(3)CA Civil Procedure Code § 706.022(a)(3) The date of termination specified in a notice of termination served on the employer by the levying officer.
(4)CA Civil Procedure Code § 706.022(a)(4) The date of termination of a dormant or suspended earnings withholding order as determined pursuant to Section 706.032.
(b)CA Civil Procedure Code § 706.022(b) Except as otherwise provided by statute, an employer shall withhold the amounts required by an earnings withholding order from all earnings of the employee payable for any pay period of the employee which ends during the withholding period.
(c)CA Civil Procedure Code § 706.022(c) An employer is not liable for any amounts withheld and paid over to the levying officer pursuant to an earnings withholding order prior to service upon the employer pursuant to paragraph (2) or (3) of subdivision (a).

Section § 706.023

Explanation

This law outlines how employers should handle multiple earnings withholding orders. Generally, employers must follow the first order served. If multiple orders arrive on the same day, they should honor the one based on the earliest judgment. Importantly, if an order protects against elder or dependent adult financial abuse, it takes priority over most others, unless there's an order for support or taxes in place. Employers must follow these priority rules, and notify officials if a new priority order supersedes a previous one.

Except as otherwise provided in this chapter:
(a)CA Civil Procedure Code § 706.023(a) An employer shall comply with the first earnings withholding order served upon the employer.
(b)CA Civil Procedure Code § 706.023(b) If the employer is served with two or more earnings withholding orders on the same day, the employer shall comply with the order issued pursuant to the judgment first entered. If two or more orders served on the same day are based on judgments entered upon the same day, the employer shall comply with whichever one of the orders the employer selects.
(c)CA Civil Procedure Code § 706.023(c) If an earnings withholding order is served while an employer is required to comply with another earnings withholding order with respect to the earnings of the same employee, the subsequent order is ineffective and the employer shall not withhold earnings pursuant to the subsequent order, except as provided in subdivision (d).
(d)CA Civil Procedure Code § 706.023(d) Notwithstanding any other provisions of this section, a withholding order for elder or dependent adult financial abuse has priority over any other earning withholding order except for a withholding order for support under Section 706.030 and a withholding order for taxes under Section 706.072.
(1)CA Civil Procedure Code § 706.023(d)(1) An employer upon whom a withholding order for elder or dependent adult financial abuse is served shall withhold and pay over earnings of the employee pursuant to that order notwithstanding the requirements of another earnings withholding order except as provided in paragraph (2).
(2)CA Civil Procedure Code § 706.023(d)(2) An employer shall not withhold earnings of an employee pursuant to an earnings withholding order for elder or dependent adult financial abuse if a withholding order for support or for taxes is in effect or if a prior withholding order for elder or dependent adult financial abuse is in effect. In that case, the subsequent withholding order for elder or dependent financial abuse is ineffective.
(3)CA Civil Procedure Code § 706.023(d)(3) When an employer is required to cease withholding earnings pursuant to a prior earnings withholding order, the employer shall notify the levying officer who served the prior earnings withholding order that a supervening earnings withholding order for elder or dependent financial abuse is in effect.

Section § 706.024

Explanation

This law explains how much money needs to be withheld from someone's paycheck to satisfy a court order. It includes the whole amount required to resolve a debt, plus fees for serving the order and costs, minus any payments already made. Interest on the debt is also added daily, but stops once the full amount is withheld. The official responsible for collecting the debt (the levying officer) can inform the employer of the total amount to withhold at any time, which the employer must follow, even if it differs from the original order.

(a)CA Civil Procedure Code § 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, with the following additions and subtractions:
(1)CA Civil Procedure Code § 706.024(a)(1) The addition of the statutory fee for service of the order and any other statutory fees for performing duties under the order.
(2)CA Civil Procedure Code § 706.024(a)(2) The addition of costs added to the order pursuant to Section 685.090.
(3)CA Civil Procedure Code § 706.024(a)(3) The subtraction of the amount of any partial satisfactions.
(4)CA Civil Procedure Code § 706.024(a)(4) The addition of daily interest accruing after issuance of the order, as adjusted for partial satisfactions.
(b)CA Civil Procedure Code § 706.024(b) From time to time the levying officer, in the levying officer’s discretion, may give written notice to the employer of the amount required to satisfy the earnings withholding order and the employer shall determine the total amount to withhold based upon the levying officer’s notice, notwithstanding a different amount stated in the order originally served on the employer.
(c)CA Civil Procedure Code § 706.024(c) If the full amount required to satisfy the earnings withholding order as stated in the order or in the levying officer’s notice under subdivision (b) is withheld from the judgment debtor’s earnings, interest ceases to accrue on that amount.

Section § 706.025

Explanation

This law explains how employers should handle money taken from an employee's paycheck when there is an earnings withholding order, like for wage garnishment. Usually, the employer has to send the withheld money to the right authority (the levying officer) each month by the 15th. The first payment includes all the money withheld in the previous month, and future payments do the same. However, if the employer wants to, they can send in payments more often, like bi-weekly, as long as they send the money within 10 days after each pay period ends.

(a)CA Civil Procedure Code § 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 officer not later than the 15th day of each month. The initial monthly payment shall include all amounts required to be withheld from the earnings of the employee during the preceding calendar month up to the close of the employee’s pay period ending closest to the last day of that month, and thereafter each monthly payment shall include amounts withheld from the employee’s earnings for services rendered in the interim up to the close of the employee’s pay period ending closest to the last day of the preceding calendar month.
(b)CA Civil Procedure Code § 706.025(b) The employer may elect to pay the amounts withheld to the levying officer more frequently than monthly. If the employer so elects, payment of the amount withheld from the employee’s earnings for each pay period shall be made not later than 10 days after the close of the pay period.

Section § 706.026

Explanation

This law outlines the duties of a levying officer when handling money collected from an employer through an earnings withholding order. The officer must pay this money to the rightful person at least once every 30 days. Additionally, the officer needs to submit a report to the court every two years, detailing all collected funds, including any extra costs and interest. This report can be filed electronically, following specific legal guidelines.

(a)CA Civil Procedure Code § 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 to the person entitled thereto at least once every 30 days.
(b)CA Civil Procedure Code § 706.026(b) At least once every two years, the levying officer shall file an accounting with the court, as provided by Section 699.560, for all amounts collected under the earnings withholding order, including costs and interest added to the amount due. Subject to the limitations in subdivision (c) of Section 263, the levying officer may electronically file the accounting with the court, pursuant to Chapter 2 (commencing with Section 263) of Title 4 of Part 1.

Section § 706.027

Explanation

If the debt that led to an earnings withholding order is fully paid off before the order naturally expires, the person who was owed money must quickly inform the officer handling the garnishment, who will then send a notice to the employer to stop the order.

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 judgment creditor shall promptly notify the levying officer who shall promptly terminate the order by serving a notice of termination on the employer.

Section § 706.028

Explanation

This law deals with a specific type of earnings withholding order used to collect leftover costs and interest from a prior judgment. It kicks in once the initial order is satisfied. This final order is enforced just like any other earnings withholding order. Once it's satisfied, it means the debtor has fulfilled the money judgment. Importantly, interest stops accumulating once this final order is issued, and no more costs can be added except for certain fees.

(a)CA Civil Procedure Code § 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, which is issued after an earlier earnings withholding order has been returned satisfied.
(b)CA Civil Procedure Code § 706.028(b) After the amount stated as owing in a prior earnings withholding order is paid, the judgment creditor may obtain a final earnings withholding order for costs and interest to collect amounts of costs and interest that were not collected under the prior earnings withholding order.
(c)CA Civil Procedure Code § 706.028(c) A final earnings withholding order for costs and interest shall be enforced in the same manner as other earnings withholding orders.
(d)CA Civil Procedure Code § 706.028(d) Satisfaction of the amount stated as owing in a final earnings withholding order for costs and interest is equivalent to satisfaction of the money judgment. For this purpose, interest ceases to accrue on the date of issuance of the final earnings withholding order and no additional costs may be added after that date, except for the statutory fee for service of the order and any other statutory fees for performing duties under the order.

Section § 706.029

Explanation

When a court issues an earnings withholding order, it puts a hold on the wages of the person who owes money, and also on the employer's assets that can be used to pay debts. This hold, or lien, lasts for one year or until the owed amount is fully paid.

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 upon all property of the employer subject to the enforcement of a money judgment in the amount required to be withheld pursuant to such order. The lien continues for a period of one year from the date the earnings of the judgment debtor become payable unless the amount required to be withheld pursuant to the order is paid as required by law.

Section § 706.030

Explanation

This law explains how money can be withheld from someone's paycheck to pay overdue child or spousal support. The process starts when a local child support agency issues a special order, which is then sent to the person's employer. The employer must then deduct the specified amount from the person's wages and send it to the designated agency. If the employer does not comply, they may face penalties. The law also gives the person who owes support the right to request a review of the amounts being withheld and a chance for a court to look at their debt.

The employer must prioritize these support orders above other wage-related deductions. Employers are required to keep withholding until either the individual's employment ends or until one year after that employment ends. Additionally, once a specific state office is running, all the payments will be sent there to ensure proper processing. The withheld earnings help to satisfy the total support owed as directed by a judgment.

(a)CA Civil Procedure Code § 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 the support of a child, or spouse or former spouse, of the judgment debtor. A withholding order for support shall be denoted as such on its face.
(b)CA Civil Procedure Code § 706.030(b) The local child support agency may issue a withholding order for support on a notice of levy pursuant to Section 17522 of the Family Code to collect a support obligation.
(1)CA Civil Procedure Code § 706.030(b)(1) When the local child support agency issues a withholding order for support, a reference in this chapter to a levying officer is deemed to mean the local child support agency who issues the withholding order for support.
(2)CA Civil Procedure Code § 706.030(b)(2) Service of a withholding order for support issued by the local child support agency may be made by first-class mail or in any other manner described in Section 706.101. Service of a withholding order for support issued by the local child support agency is complete when it is received by the employer or a person described in paragraph (1) or (2) of subdivision (a) of Section 706.101, or if service is by first-class mail, service is complete as specified in Section 1013.
(3)CA Civil Procedure Code § 706.030(b)(3) The local child support agency shall serve upon the employer the withholding order for support, a copy of the order, and a notice informing the support obligor of the effect of the order and of his or her right to hearings and remedies provided in this chapter and in the Family Code. The notice shall be accompanied by the forms necessary to obtain an administrative review and a judicial hearing and instructions on how to file the forms. Within 10 days from the date of service, the employer shall deliver to the support obligor a copy of the withholding order for support, the forms to obtain an administrative review and judicial hearing, and the notice. If the support obligor is no longer employed by the employer and the employer does not owe the support obligor any earnings, the employer shall inform the local child support agency that the support obligor is no longer employed by the employer.
(4)CA Civil Procedure Code § 706.030(b)(4) An employer who fails to comply with paragraph (3) shall be subject to a civil penalty of five hundred dollars ($500) for each occurrence.
(5)CA Civil Procedure Code § 706.030(b)(5) The local child support agency shall provide for an administrative review to reconsider or modify the amount to be withheld for arrearages pursuant to the withholding order for support, if the support obligor requests a review at any time after service of the withholding order. The local child support agency shall provide the review in the same manner and timeframes provided for resolution of a complaint pursuant to Section 17800 of the Family Code. The local child support agency shall notify the employer if the review results in any modifications to the withholding order for support. If the local child support agency cannot complete the administrative review within 30 calendar days of receipt of the complaint, the local child support agency shall notify the employer to suspend withholding any disputed amount pending the completion of the review and the determination by the local child support agency.
(6)CA Civil Procedure Code § 706.030(b)(6) Nothing in this section prohibits the support obligor from seeking a judicial determination of arrearages pursuant to subdivision (c) of Section 17256 of the Family Code or from filing a motion for equitable division of earnings pursuant to Section 706.052 either prior to or after the administrative review provided by this section. Within five business days after receiving notice of the obligor having filed for judicial relief pursuant to this section, the local child support agency shall notify the employer to suspend withholding any disputed amount pending a determination by the court. The employer shall then adjust the withholding within not more than nine days of receiving the notice from the local child support agency.
(c)CA Civil Procedure Code § 706.030(c) Notwithstanding any other provision of this chapter:
(1)CA Civil Procedure Code § 706.030(c)(1) An employer shall continue to withhold pursuant to a withholding order for support until the earliest of the dates specified in paragraph (1), (2), or (3) of subdivision (a) of Section 706.022, except that a withholding order for support shall automatically terminate one year after the employment of the employee by the employer terminates.
(2)CA Civil Procedure Code § 706.030(c)(2) A withholding order for support has priority over any other earnings withholding order. An employer upon whom a withholding order for support is served shall withhold and pay over earnings of the employee pursuant to that order notwithstanding the requirements of another earnings withholding order.
(3)CA Civil Procedure Code § 706.030(c)(3) Subject to paragraph (2) and to Article 3 (commencing with Section 706.050), an employer shall withhold earnings pursuant to both a withholding order for support and another earnings withholding order simultaneously.
(4)CA Civil Procedure Code § 706.030(c)(4) An employer who willfully fails to withhold and forward support pursuant to a valid earnings withholding order for support issued and served upon the employer pursuant to this chapter is liable to the support obligee, as defined in Section 5214 of the Family Code, for the amount of support not withheld, forwarded, or otherwise paid to the support obligee.
(5)CA Civil Procedure Code § 706.030(c)(5) Notwithstanding any other provision of law, an employer shall send all earnings withheld pursuant to a withholding order for support to the levying officer or the State Disbursement Unit as described in Section 17309 of the Family Code within the time period specified by federal law.
(6)CA Civil Procedure Code § 706.030(c)(6) Once the State Disbursement Unit as described in Section 17309 of the Family Code is operational, all support payments made pursuant to an earnings withholding order shall be made to that unit.
(7)CA Civil Procedure Code § 706.030(c)(7) Earnings withheld pursuant to an earnings withholding order for support shall be credited toward satisfaction of a support judgment as specified in Section 695.221.

Section § 706.031

Explanation

This law explains how money is taken out of a person's paycheck to cover support payments, like child support, and possibly other debts. Support payments get top priority, meaning an employer must deduct these first before anything else. If there's an order to withhold money for other types of debts or taxes, the employer must make sure the total amount taken doesn't exceed the legal limit. If a support order exists, and an employer has already been withholding money based on another order, they must inform the proper authorities that the support order takes precedence.

(a)CA Civil Procedure Code § 706.031(a) Nothing in this chapter affects an earnings assignment order for support.
(b)CA Civil Procedure Code § 706.031(b) An earnings assignment order for support shall be given priority over any earnings withholding order. An employer upon whom an earnings assignment order for support is served shall withhold and pay over the earnings of the employee pursuant to the assignment order notwithstanding the requirements of any earnings withholding order. When an employer is required to cease withholding earnings pursuant to an earnings withholding order, the employer shall notify the levying officer who served the earnings withholding order that a supervening earnings assignment order for support is in effect.
(c)CA Civil Procedure Code § 706.031(c) Subject to subdivisions (b), (d), and (e), an employer shall withhold earnings of an employee pursuant to both an earnings assignment order for support and an earnings withholding order.
(d)CA Civil Procedure Code § 706.031(d) The employer shall withhold pursuant to an earnings withholding order only to the extent that the sum of the amount withheld pursuant to any earnings assignment order for support and the amount withheld pursuant to the earnings withholding order does not exceed the amount that may be withheld under Article 3 (commencing with Section 706.050).
(e)CA Civil Procedure Code § 706.031(e) The employer shall withhold pursuant to an earnings withholding order for taxes only to the extent that the sum of the amount withheld pursuant to any earnings assignment order for support and the amount withheld pursuant to the earnings withholding order for taxes does not exceed the amount that may be withheld under Article 4 (commencing with Section 706.070).

Section § 706.032

Explanation

This law explains how and when an earnings withholding order, which is used to collect money from someone's paycheck to pay off a debt, ends. If a person's job ends and no money is collected for 180 days, the order stops. If a person's earnings are already being taken for a different, more important debt and no money is collected for this one in two years, the order also stops. In both cases, employers have to return the order to the official who issued it, including a note on why they're returning it.

(a)CA Civil Procedure Code § 706.032(a) Except as otherwise provided by statute:
(1)CA Civil Procedure Code § 706.032(a)(1) If withholding under an earnings withholding order ceases because the judgment debtor’s employment has terminated, the earnings withholding order terminates at the conclusion of a continuous 180-day period during which no amounts are withheld under the order.
(2)CA Civil Procedure Code § 706.032(a)(2) If withholding under an earnings withholding order ceases because the judgment debtor’s earnings are subject to an order or assignment with higher priority, the earnings withholding order terminates at the conclusion of a continuous two-year period during which no amounts are withheld under the order.
(b)CA Civil Procedure Code § 706.032(b) If an earnings withholding order has terminated pursuant to subdivision (a), the employer shall return the order to the levying officer along with a statement of the reasons for returning the order.

Section § 706.033

Explanation

This section explains that if the writ is returned before an earnings withholding order ends, the officer in charge must complete a supplemental return once the order ends. The supplemental return needs to have the same details as the original return described in another section.

If the writ is returned before the earnings withholding order terminates, on termination of the earnings withholding order the levying officer shall make a supplemental return on the writ. The supplemental return shall contain the same information as an original return pursuant to Section 699.560.

Section § 706.034

Explanation

If an employer has to withhold part of an employee's wages due to a legal order, they are allowed to charge the employee $1.50 each time they do this.

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 withholding order issued pursuant to this chapter.