Notwithstanding any other provision of law, the Judicial Council may provide by rule for the practice and procedure in proceedings under this chapter except for the state’s administrative hearings provided by Article 4 (commencing with Section 706.070).
Wage GarnishmentProcedure for Earnings Withholding Orders and Exemption Claims
Section § 706.100
This law allows the Judicial Council to set rules for how court cases are handled in this chapter, but cannot make rules for state administrative hearings that start with Section 706.070.
Judicial Council rules court cases
Section § 706.101
This law section explains how an earnings withholding order, which directs an employer to withhold a portion of an employee's earnings to pay off a debt, should be served. The levying officer can serve it in person or by mail to the employer where the employee works or is paid. If mailed, the order is considered served when received, or after 15 days if no confirmation is received. The state can also send orders directly by certified mail to recover overpaid unemployment or disability benefits. If the creditor requests, the order can be served personally. Other notices can also be mailed, depending on when the employer confirms receipt.
(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 706.101(a)(1) The managing agent or person in charge, at the time of service, of the branch or office where the employee works or the office from which the employee is paid. In the case of a state
employee, the office from which the employee is paid does not include the Controller’s office unless the employee works directly for the Controller’s office.
(2)CA Civil Procedure Code § 706.101(a)(2) Any person to whom a copy of the summons and of the complaint may be delivered to make service on the employer under Article 4 (commencing with Section 416.10) of Chapter 4 of Title 5.
(b)CA Civil Procedure Code § 706.101(b) Service of an earnings withholding order shall be made by personal delivery as provided in Section 415.10 or 415.20 or by delivery by first-class mail, postage prepaid. When service is made by first-class mail, service is complete at the time of receipt of the earnings withholding order, as indicated in the employer’s return, or the date of mailing if the date of receipt is not indicated on the employer’s return. If the levying officer attempts service by first-class mail under this subdivision and does not receive the employer’s return
within 15 days from the date of mailing, the levying officer shall make service as provided in Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5. For purposes of this section, “employer’s return” refers to the Judicial Council-issued form specified by Section 706.126.
(c)CA Civil Procedure Code § 706.101(c) The state may issue an earnings withholding order directly, without the use of a levying officer, for purposes of collecting overpayments of unemployment compensation or disability benefits pursuant to Article 4 (commencing with Section 1375) of Chapter 5 of Part 1 of, and Article 5 (commencing with Section 2735) of Chapter 2 of Part 2 of, Division 1 of the Unemployment Insurance Code. The earnings withholding order shall be served by registered or certified mail, postage prepaid, with return receipt requested. Service is deemed complete at the time the return receipt is executed by, or on behalf of, the recipient. If the state does not receive a return
receipt within 15 days from the date of deposit in the mail of the withholding order, the state shall refer the earnings withholding order to a levying officer for service in accordance with subdivision (b).
(d)CA Civil Procedure Code § 706.101(d) Except as provided in subdivision (b) or (c), service of any notice or document under this chapter may be made by first-class mail, postage prepaid. If service is made on the employer after the employer’s return has been received by the levying officer, the service shall be made by first-class mail, postage prepaid, on the person designated in the employer’s return to receive notices and at the address indicated in the employer’s return, whether or not that address is within the county. This subdivision does not preclude service by personal delivery (1) on the employer before the employer’s return has been received by the levying officer or (2) on the person designated in the employer’s return after its receipt.
(e)CA Civil Procedure Code § 706.101(e) Notwithstanding subdivision (b), if the judgment creditor so requests, the levying officer shall make service of the earnings withholding order by personal delivery as provided in Section 415.10 or 415.20.
earnings withholding order levying officer service by mail
Section § 706.102
This law section explains that if a court has issued a writ of execution, which is a court order to enforce a judgment, and it hasn't expired yet, a creditor can ask for an earnings withholding order to be issued. This means taking money directly from the debtor’s paycheck to pay off the debt. The order must be requested from a levying officer in the debtor's county. However, this rule doesn’t apply if the withholding order involves unpaid taxes.
(a)CA Civil Procedure Code § 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 Section 699.530 for levy on property under the writ has not expired, a judgment creditor may apply for the issuance of an earnings withholding order by filing an application with a levying officer in such county who shall promptly issue an earnings withholding order.
(b)CA Civil Procedure Code § 706.102(b) This section does not apply where the earnings withholding order is a withholding order for taxes.
writ of execution judgment debtor employer
Section § 706.103
This law section outlines the responsibilities of a levying officer when serving an employer with an earnings withholding order. The officer must provide the employer with the original and a copy of the order, forms for the employer's return, a notice to the employee, and forms the debtor can use to claim an exemption or provide a financial statement. The officer also needs to give the employer instructions from another legal section unless the Judicial Council decides certain situations don't require this. The order can't be served after a certain time limit defined in another section.
(a)CA Civil Procedure Code § 706.103(a) The levying officer shall serve upon the designated employer all of the following:
(1)CA Civil Procedure Code § 706.103(a)(1) The original and one copy of the earnings withholding order.
(2)CA Civil Procedure Code § 706.103(a)(2) The form for the employer’s return.
(3)CA Civil Procedure Code § 706.103(a)(3) The notice to the employee of the earnings withholding order.
(4)CA Civil Procedure Code § 706.103(a)(4) A copy of the form that the judgment debtor may use to make a claim of exemption.
(5)CA Civil Procedure Code § 706.103(a)(5) A copy of the form the judgment debtor may use to provide a financial statement.
(b)CA Civil Procedure Code § 706.103(b) At the time the levying officer makes service pursuant to subdivision (a), the levying officer shall provide the employer with a copy of the employer’s instructions referred to in Section 706.127. The Judicial Council may adopt rules prescribing the circumstances when compliance with this subdivision is not required.
(c)CA Civil Procedure Code § 706.103(c) No earnings withholding order shall be served upon the employer after the time specified in subdivision (b) of Section 699.530.
levying officer earnings withholding order employer responsibility
Section § 706.104
When an employer receives an earnings withholding order, they have specific responsibilities. Within 10 days, they must give the employee copies of the order, a notice, and forms to claim exemptions and provide financial statements. This step isn't needed if the employee no longer works there or isn't owed money. Also, within 15 days, the employer must complete a return form and send it back to the levying officer. If the order doesn't apply because it's ineffective, they must state this and return the order. Employers can't face civil lawsuits for not following these instructions, but a court can still hold them in contempt.
Any employer who is served with an earnings withholding order shall:
(a)CA Civil Procedure Code § 706.104(a) Deliver to the judgment debtor a copy of the earnings withholding order, the notice to employee of earnings withholding, a copy of the form that the judgment debtor may use to make a claim of exemption, and a copy of the form the judgment debtor may use to provide a financial
statement within 10 days from the date of service. 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 such delivery. The employer is not subject to any civil liability for failure to comply with this subdivision. Nothing in this subdivision limits the power of a court to hold the employer in contempt of court for failure to comply with this subdivision.
(b)CA Civil Procedure Code § 706.104(b) Complete the employer’s return on the form provided by the levying officer and mail it by first-class mail, postage prepaid, to the levying officer within 15 days from the date of service. If the earnings withholding order is ineffective, the employer shall state in the employer’s return that the order will not be complied with for this reason and shall return the order to the levying officer with the employer’s return.
earnings withholding order employer responsibilities judgment debtor
Section § 706.105
This section explains how a person who owes a debt (judgment debtor) can claim an exemption to protect their wages from being withheld. They can do this if they've never had a hearing or if there's a significant change in their situation since the last hearing. To claim an exemption, they must file paperwork with the levying officer, who informs the creditor about it. The creditor has 10 days to challenge this claim. If no challenge is made, or the court decides in favor of the debtor, the withholding order may be ended or adjusted. If the debtor's wages were wrongly withheld, the court might order those wages returned. There are specific rules on how soon these funds should be returned and how long creditors must wait before reapplying for another withholding order. This section doesn't apply to wage garnishment for child support or taxes.
(a)CA Civil Procedure Code § 706.105(a) A judgment debtor may claim an exemption under Section 706.051 under either of the following circumstances:
(1)CA Civil Procedure Code § 706.105(a)(1) No prior hearing has been held with respect to the earnings withholding order.
(2)CA Civil Procedure Code § 706.105(a)(2) There has been a material change in circumstances since the time of the last prior hearing on the earnings withholding order.
(b)CA Civil Procedure Code § 706.105(b) A claim of exemption shall be made by filing with the levying officer an original and one copy of (1) the judgment debtor’s claim of exemption and (2) the judgment debtor’s financial statement.
(c)CA Civil Procedure Code § 706.105(c) Upon filing of the claim of exemption, the levying officer shall promptly send to the judgment creditor, at the address stated in the application for the earnings withholding order, by first-class mail, postage prepaid, all of the following:
(1)CA Civil Procedure Code § 706.105(c)(1) A copy of the claim of exemption.
(2)CA Civil Procedure Code § 706.105(c)(2) A copy of the financial statement.
(3)CA Civil Procedure Code § 706.105(c)(3) A notice of claim of exemption. The notice shall state that the claim of exemption has been filed and that the earnings withholding order will be terminated, or modified to reflect the amount of earnings claimed to be exempt in the claim of exemption, unless a notice of opposition to the claim of exemption is filed with the levying officer
by the judgment creditor within 10 days after the date of the mailing of the notice of claim of exemption.
(d)CA Civil Procedure Code § 706.105(d) A judgment creditor who desires to contest a claim of exemption shall, within 10 days after the date of the mailing of the notice of claim of exemption, file with the levying officer a notice of opposition to the claim of exemption.
(e)CA Civil Procedure Code § 706.105(e) If a notice of opposition to the claim of exemption is filed with the levying officer within the 10-day period, the judgment creditor is entitled to a hearing on the claim of exemption. If the judgment creditor desires a hearing on the claim of exemption, the judgment creditor shall file a notice of motion for an order determining the claim of exemption with the court within 10 days after the date the levying officer mailed the notice of
claim of exemption. If the notice of motion is so filed, the hearing on the motion shall be held not later than 30 days from the date the notice of motion was filed unless continued by the court for good cause. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, if the hearing is delayed by the court and cannot be set within 30 days of notice of the motion, a party may seek by ex parte application, and the court shall issue, an order staying any levy or garnishment with respect to the property subject to the claim of exemption until the hearing occurs. At the time prescribed by subdivision (b) of Section 1005, the judgment creditor shall give written notice of the hearing to the levying officer and shall serve a notice of the hearing and a copy of the notice of opposition to the claim of exemption on the judgment debtor
and, if the claim of exemption so requested, on the attorney for the judgment debtor. Service is deemed made when the notice of the hearing and a copy of the notice of opposition to the claim of exemption are deposited in the mail, postage prepaid, addressed to the judgment debtor at the address stated in the claim of exemption and, if service on the attorney for the judgment debtor was requested in the claim of exemption, to the attorney at the address stated in the claim of exemption. The judgment creditor shall file proof of the service with the court. After receiving the notice of the hearing and before the date set for the hearing, the levying officer shall file the claim of exemption and the notice of opposition to the claim of exemption with the court.
(f)CA Civil Procedure Code § 706.105(f) If the levying officer does not receive a notice of opposition to the claim of
exemption within the 10-day period after the date of mailing of the notice of claim of exemption and a notice of the hearing not later than 10 days after the filing of the notice of opposition to the claim of exemption, the levying officer shall serve on the employer one of the following:
(1)CA Civil Procedure Code § 706.105(f)(1) A notice that the earnings withholding order has been terminated if all of the judgment debtor’s earnings were claimed to be exempt.
(2)CA Civil Procedure Code § 706.105(f)(2) A modified earnings withholding order that reflects the amount of earnings claimed to be exempt in the claim of exemption if only a portion of the judgment debtor’s earnings was claimed to be exempt.
(g)CA Civil Procedure Code § 706.105(g) If, after hearing, the court orders that the earnings withholding order be modified or
terminated, the clerk shall promptly transmit a certified copy of the order to the levying officer who shall promptly serve on the employer of the judgment debtor (1) a copy of the modified earnings withholding order or (2) a notice that the earnings withholding order has been terminated.
(1)CA Civil Procedure Code § 706.105(g)(1) Where the judgment debtor’s wages are exempt without making a claim, the court shall terminate or modify the earnings withholding order, and shall order the return by a date certain of all of the judgment debtor’s exempt wages. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, the court shall order the return by a date certain of any wages that were exempt without the need for a claim and that were garnished for up to 12 months preceding the date of the order on the claim of
exemption. This paragraph does not limit a judge’s authority to order, for good cause, the return of any exempt property taken more than 12 months preceding the date of the order on the claim of exemption.
(2)CA Civil Procedure Code § 706.105(g)(2) Where the judgment debtor’s wages are exempt as the result of a claim of exemption, the court shall terminate or modify the earnings withholding order, and shall order the return by a date certain of all of the judgment debtor’s exempt wages. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, the court shall order the return by a date certain any wages that the debtor has demonstrated would have been exempt by claim of exemption and that were garnished for up to six months preceding the date of the order on the claim of exemption. This paragraph does not limit
a judge’s authority to order, for good cause, the return of any exempt property taken more than six months preceding the date of the order on the claim of exemption.
(3)CA Civil Procedure Code § 706.105(g)(3) If the court determines that any amount withheld pursuant to the earnings withholding order should be paid to the judgment debtor, the court shall order the levying officer, judgment creditor, or other person, who is in possession of the property, to return the exempt property to the judgment
debtor. A levying officer shall return the exempt property within 20 business days of receipt of notice of the order. A judgment creditor shall return the exempt property within 10 business days of entry of the order.
(h)CA Civil Procedure Code § 706.105(h) If the earnings withholding order is terminated by the court, unless the court otherwise orders or unless there is a material change of circumstances since the time of the last prior hearing on the earnings withholding order, the judgment creditor may not apply for another earnings withholding order directed to the same employer with respect to the same judgment debtor for a period of 100 days following the date of service of the earnings withholding order or 60 days after the date of the termination of the order, whichever is later. Where the judgment upon which the writ is issued is for personal debt, as
defined in subdivision (d) of Section 683.110, the judgment creditor may not apply for another earnings withholding order directed to the same employer with respect to the same judgment debtor for a period of 100 days following the date of service of the earnings withholding order or 60 days after the date of the termination of the order, whichever is later.
(i)CA Civil Procedure Code § 706.105(i) If an employer has withheld and paid over amounts pursuant to an earnings withholding order after the date of termination of the order but prior to the receipt of notice of its termination, the judgment debtor may recover those amounts only from the levying officer if the levying officer still holds those amounts or, if those amounts have been paid over to the judgment creditor, from the judgment creditor. If the employer has withheld amounts pursuant to an earnings
withholding order after termination of the order but has not paid over those amounts to the levying officer, the employer shall pay those amounts to the judgment debtor within five business days of the end of the next pay period.
(j)CA Civil Procedure Code § 706.105(j) An appeal lies from any court order under this section denying a claim of exemption or modifying or terminating an earnings withholding order. An appeal by the judgment creditor from an order modifying or terminating the earnings withholding order does not stay the order from which the appeal is taken. Notwithstanding the appeal, until the order modifying or terminating the earnings withholding order is set aside or modified, the order allowing the claim of exemption in whole or in part shall be given the same effect as if the appeal had not been taken.
(k)CA Civil Procedure Code § 706.105(k) This section does not apply to a withholding order for support or a withholding order for taxes.
judgment debtor earnings withholding order claim of exemption
Section § 706.106
When dealing with court cases under this chapter, the court doesn't need to make formal findings of fact or conclusions of law.
No findings are required in court proceedings under this chapter.
court proceedings formal findings court rulings
Section § 706.108
This law explains what needs to be done when someone's wages are to be withheld to pay a debt they owe. A judgment creditor can give a registered process server the job of issuing and serving an earnings withholding order to the employer, but certain steps must be followed. The process server must first deposit specific documents like the writ of execution and the earnings withholding order with the levying officer and pay a fee. Then, when serving the employer, the server must provide several forms, including the order itself, notices for both the employer and employee, and forms for exemption claims and financial statements. If these steps aren't done correctly, the withholding order won't be valid, and the levying officer won't have to act on it. Any fees paid for the process server's services can be claimed back as part of court costs.
(a)CA Civil Procedure Code § 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 Section 699.530 for levy on property under the writ has not expired, a judgment creditor may deliver an application for issuance of an earnings withholding order to a registered process server who may then issue an earnings withholding order.
(b)CA Civil Procedure Code § 706.108(b) If the registered process server has issued the earnings withholding order, the registered process server, before serving the earnings withholding order, shall cause to be deposited with the levying officer a copy of the writ of execution, the application for issuance of an earnings withholding order, a copy of the earnings withholding order, and the fee, as provided by Section 26750 of the Government Code.
(c)CA Civil Procedure Code § 706.108(c) A registered process server may serve an earnings withholding order on an employer whether the earnings withholding order was issued by a levying officer or by a registered process server, but no earnings withholding order may be served after the time specified in subdivision (b) of Section 699.530. In performing this function, the registered process server shall serve upon the designated employer all of the following:
(1)CA Civil Procedure Code § 706.108(c)(1) The original and one copy of the earnings withholding order.
(2)CA Civil Procedure Code § 706.108(c)(2) The form for the employer’s return.
(3)CA Civil Procedure Code § 706.108(c)(3) The notice to the employee of the earnings withholding order.
(4)CA Civil Procedure Code § 706.108(c)(4) A copy of the form that the judgment debtor may use to make a claim of exemption.
(5)CA Civil Procedure Code § 706.108(c)(5) A copy of the form the judgment debtor may use to provide a financial statement.
(6)CA Civil Procedure Code § 706.108(c)(6) A copy of the employer’s instructions referred to in Section 706.127, except as otherwise prescribed in rules adopted by the Judicial Council.
(d)CA Civil Procedure Code § 706.108(d) Within five court days after service under this section, all of the following shall be filed with the levying officer:
(1)CA Civil Procedure Code § 706.108(d)(1) The writ of execution, if it is not already in the hands of the levying officer.
(2)CA Civil Procedure Code § 706.108(d)(2) Proof of service on the employer of the papers listed in subdivision (c).
(3)CA Civil Procedure Code § 706.108(d)(3) Instructions in writing, as required by the provisions of Section 687.010.
(e)CA Civil Procedure Code § 706.108(e) If the fee provided by Section 26750 of the Government Code has been paid, the levying officer shall perform all other duties required by this chapter as if the levying officer had served the earnings withholding order. If the registered process server does not comply with subdivisions (b), where applicable, and (d), the service of the earnings withholding order is ineffective and the levying officer shall not be required to perform any duties under the order, and may terminate the order and release any withheld
earnings to the judgment debtor.
(f)CA Civil Procedure Code § 706.108(f) The fee for services of a registered process server under this section is a recoverable cost pursuant to Section 1033.5.
earnings withholding order judgment creditor registered process server
Section § 706.109
This law says that if someone owes money and a court wants to take it from their paycheck, they can't automatically take money from the paycheck of the person's spouse. They need a special court order for that, which involves a formal request and hearing.
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.
spouse earnings withholding order judgment debtor
