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Garnishing Wages in California

Summary: It is often a bitter surprise that after a party to civil litigation obtains a judgment they still don’t have any money and now must proceed to an entirely new as well as time-consuming and expensive procedure to collect. This blog reviews the basics of garnishing wages, which is one tool that a judgment creditor can collect on the judgment. Generally, the maximum garnishment is 20% of the gross wages, and other wage garnishments may come first, and diminish of make the garnishment zero.

The steps are (1) complete a writ of attachment on California Judicial Council

Form EJ-130⁠

, which only lasts 180 days before another is needed, pay $40 fee, recoverable if judgment so allows, obtain stamped copy; (2) complete an Application for Earnings Withholding Order (Wage Garnishment) on CJC

Form WG-001⁠

and a proposed Earnings Withholding Oder on CJC Form

WG-002⁠

; (3) contact the applicable Sheriff to learn what their instructions are, follow those instructions and submit all documents, with the fee and name and address of person’s employer; (4) Sheriff needs to serve the employer, and it is best practice for you to serve the judgment debtor and file a proof of service; (5) Judgment debtor can contest, specifically by filing Claim of Exemption and a Financial Statement; (6) within fifteen (15) days of service of papers by Sheriff, employer must Employer's Return (form WG-005). This will say if the employee still works there, if the money can be garnished or if some or all of it's exempt. The sheriff will let you know if the money is exempt.; (7) The Sheriff should remit money that the employer pays. Remember each writ lasts only 180 days and you’ll need another one after 180 days.

About wage garnishments

There are limits to what can be taken from a paycheck

The workplace can only take up to 20% of the debtor’s gross income (income before anything comes out)

There are times when the amount might be less than 20%, for example if other debts are already being taken out of their pay

Some other wage garnishments come before a small claims judgment, for example, taxes or child support

Money that can' t be taken is called exempt. If taking the money from the other side's pay means they can't pay their basic living expenses, they can ask the court to stop or lower what's taken from their paycheck.

How to garnish wages

Get Writ of Execution

⁠

How to get a Writ of Execution⁠

⁠

Fill out the court form - Writ of Execution (

form EJ-130⁠

), which tells the sheriff to collect money for you.

Bring to court clerk to issue and pay fee

Bring your completed Writ of Execution to the court clerk.

Pay a $40 fee. This can be added to the amount you are owed.

The clerk will stamp and date the Writ of Execution (have it issued). Keep a copy at all times, and have a copy to give to sheriff. Serve a copy on the judgment debtor and file a proof of service.

Your Writ of Execution expires in 180 days.

You need to take the next steps to collect your money within 180 days. If you don't, the Writ of Execution will expire and you will need to start over and get a new one issued.

Fill out form - Application for Earnings Withholding Order (Wage Garnishment) (

form WG-001⁠

), which asks the sheriff to direct the employer to start withholding part of the pay. Make one copy of the form to keep for your records.

Only the sheriff can issue an Earnings Withholding Order on form CJC Form

WG-002⁠

, but, you may be well-advised to complete it, without signing it.

Bring to sheriff or process server and pay fee

A sheriff or process server must do the wage garnishment. They are called the levying officer.

Check with the

sheriff's website or contact their office⁠

to see if they do. If they do, see if they have any special instructions. You contact the sheriff where the employer is located (which might not be different from where you had your court case.)

Is it better to have the sheriff or a professional server deliver the forms?

Pay the fee. The sheriff charges about $35.00.

Send the levying officer:

Original Writ of Execution (form EJ-130)

Original Application for Earnings Withholding Order (form WG-001)

They may ask you to also fill out the top part of the Earnings Withholding Order (

form WG-002⁠

). They sign this and send this to the employer.

Wait for response

After the sheriff serves the employer, a few things may happen.

The employer will send the sheriff any money that's not exempt

Within 15 days, the employer must send the sheriff an Employer's Return (form WG-005). This will say if the employee still works there, if the money can be garnished or if some or all of it's exempt. The sheriff will let you know if the money is exempt.

If money can be garnished, the employer will send it the sheriff.

The other side may try to stop the garnishment if they think the money is exempt

At any point, the other side may try to stop the garnishment if they think the money being taken is protected (it's exempt).

If they think the money is exempt, they send the sheriff a Claim of Exemption and a Financial Statement. This says why they think the money is protected and gives you information about their finances. The sheriff will send you a copy.

What can I do if they send a Claim of Exemption?

If you agree, you don't have to do anything. The money will be returned.

If you don’t agree, you can schedule a court hearing so the judge can decide. Follow the instructions on Form WG-008 for how to get a court date. You will need to fill out, serve the other side, and file:

Notice of Opposition to Claim of Exemption (form

WG-009⁠

)

Notice of Hearing on Claim of Exemption (form

WG-010⁠

)

You also must send a copy of the completed Notice to the sheriff within 10 days of being mailed the Notice of Filing of Claim of Exemption (form WG-008). If you don't, the Withholding Order will be cancelled or change.

The sheriff should send you the money

The sheriff will send you any money they get from the employer. The sheriff will continue to collect the money until the debt is paid off.

What if the person who owes me money changes jobs?

If they change jobs you will need to go through the same process with their new job.

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