This chapter shall be known and may be cited as the “Wage Garnishment Law.”
Wage GarnishmentShort Title; Definitions
Section § 706.010
This section simply names the chapter as the 'Wage Garnishment Law.'
Wage Garnishment Wage Garnishment Law wages
Section § 706.011
This section clarifies terms used in relation to withholding an employee's earnings in California. 'Disposable earnings' are what's left of your paycheck after mandatory withholdings. 'Earnings' cover any payment for work, like wages or bonuses. There's a special type of withholding for financial abuse cases involving elders or dependents. It's different from orders that withhold earnings to pay for support, like child support. 'Employee' includes anyone under an employer's control, and an 'employer' is who you're working for. It also defines who can be considered a 'judgment creditor' or 'debtor' when collecting taxes or judgments, and 'person' includes various entities like corporations and partnerships.
As used in this chapter:
(a)CA Civil Procedure Code § 706.011(a) “Disposable earnings” means the portion of an individual’s earnings that remains after deducting all amounts required to be withheld by law.
(b)CA Civil Procedure Code § 706.011(b) “Earnings” means compensation payable by an employer to an employee for personal services performed by such employee,
whether denominated as wages, salary, commission, bonus, or otherwise.
(c)CA Civil Procedure Code § 706.011(c) “Earnings withholding order for elder or dependent adult financial abuse” means an earnings withholding order, made pursuant to Article 5 (commencing with Section 706.100) and based on a money judgment in an action for elder or adult dependent financial abuse under Section 15657.5 of the Welfare and Institutions Code.
(d)CA Civil Procedure Code § 706.011(d) “Earnings assignment order for support” means an order, made pursuant to Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code or Section 3088 of the Probate Code, which requires an employer to withhold earnings for support.
(e)CA Civil Procedure Code § 706.011(e) “Employee” means a public officer and any individual who performs services subject to the right of the employer to control both what shall be done and how it shall be
done.
(f)CA Civil Procedure Code § 706.011(f) “Employer” means a person for whom an individual performs services as an employee.
(g)CA Civil Procedure Code § 706.011(g) “Judgment creditor,” as applied to the state, means the specific state agency seeking to collect a judgment or tax liability.
(h)CA Civil Procedure Code § 706.011(h) “Judgment debtor” includes a person from whom the state is seeking to collect a tax liability under Article 4 (commencing with Section 706.070), whether or not a judgment has been obtained on such tax liability.
(i)CA Civil Procedure Code § 706.011(i) “Person” includes an individual, a corporation, a partnership or other unincorporated association, a limited liability company, and a public entity.
disposable earnings withholding financial abuse
