Wage Garnishment in California

Code of Civil Procedure Part 2, Title 9, Division 2, Chapter 5 deals with the wage garnishment law for purpose of enforcement of money judgments in this state.

Article 1 provides a short title and definitions. Section 706.010 provides that this chapter is cited as the “Wage Garnishment Law.”

Section 706.011 defines the following terms: “disposable earnings,” “earnings,” “earnings withholding order for elder or dependent adult financial abuse,” “earnings assignment order for support,” “employee,” “employer,” “judgment creditor,” “judgment debtor,” and “person.”

Article 2 provides general provisions. Section 706.020 prohibits the earnings of an employee from being 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 says that a levy of execution upon the earnings of an employee must be made by service of an earnings withholding order upon the employer and judgment debtor in accordance with this chapter.

Section 706.022 prohibits a judgment creditor from enforcing an earnings withholding order beyond the period of. The term “withholding period” is defined.

Section 706.023 requires an employer to comply with the first earnings withholding order served upon the employer. If the employer is served with two or more earnings withholding orders on the same day, the employer is required to 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 complys with whichever one of the orders the employer selects.

Section 706.024 provides that 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 four specified additions and subtractions.

Section 706.025 provides that the amount required to be withheld pursuant to an earnings withholding order is to be paid monthly to the levying officer not later than the 15th day of each month. The initial monthly payment includes 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.

Section 706.026 requires the levying officer to receive and account for all amounts paid by the employer and pay the amounts so received over to the person entitled thereto at least once every 30 days.

Section 706.027 states that, if the judgment pursuant to which the earnings withholding order is issued is satisfied before the order otherwise terminates, the judgment creditor is required to promptly notify the levying officer who must promptly terminate the order by serving a notice of termination on the employer.

Section 706.028 defines the term “final earnings withholding order for costs and interest.”

Section 706.029 specifies that 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 defines the term “withholding order for support.”

Section 706.031 provides that nothing in this chapter affects an earnings assignment order for support. An earnings assignment order for support is given priority over any earnings withholding order.

Section 706.032 deals with withholding under an earnings withholding order that ceases.

Section 706.033 provides that, if the writ is returned before the earnings withholding order terminates, on termination of the earnings withholding order the levying officer makes a supplemental return on the writ. The supplemental return contains the same information as an original return.