California: Wage Garnishment Limits
The short answer
California caps an ordinary judgment creditor's wage garnishment at the lesser of 20% of weekly disposable earnings or 40% of the amount those earnings exceed 48 times the applicable minimum wage — narrower than the federal 25%/30x formula on both prongs. A debtor can also ask a court to exempt any additional earnings proven necessary to support themselves or their family. Child and spousal support orders automatically outrank every other garnishment, and firing an employee over a single garnishment is illegal.
| Governing law | Wage Garnishment Law, Cal. Code Civ. Proc. §§ 706.010–706.154 (cap: § 706.050); anti-retaliation rule in Cal. Lab. Code § 2929 |
|---|---|
| Maximum that can be garnished | Lesser of 20% of weekly disposable earnings, or 40% of the amount disposable earnings exceed 48x the applicable minimum wage (CCP § 706.050) |
| State rule vs. federal floor | More protective on both prongs than the federal 25%/30x formula (15 U.S.C. § 1673(a)) |
| Minimum-wage protected floor | 48x the state minimum hourly wage, or the local minimum wage if higher where the debtor works (CCP § 706.050(a)(2)) |
| Support, tax & student loan debts | Support orders (CCP § 706.030) outrank all others and can reach 50-65% under federal law; state tax orders run on a separate track (CCP § 706.070 et seq.); federal tax levies and federal student loan garnishment bypass this chapter entirely |
| Head-of-household/family exemption | No fixed dollar threshold; instead a discretionary, need-based exemption for earnings proven necessary to support the debtor or family (CCP § 706.051), unavailable against a support or state tax order |
| Multiple garnishments at once | Strict first-in-time priority — the employer honors the first order served and a later ordinary order is ineffective until it's satisfied (CCP § 706.023), except a support order or elder/dependent-adult financial abuse order, which jump the queue |
| Protection from being fired | Cal. Lab. Code § 2929 bars discharge for a single garnishment (matching federal law) and goes further: voids any weaker contract clause and awards up to 30 days' back wages for a wrongful discharge |
Compare this rule across all 50 states + DC →
The short answer
If an ordinary creditor — a credit card company, a hospital, a personal-loan
lender — wins a lawsuit against you in California and gets a money judgment,
it can garnish your paycheck, but only up to a limit. California's limit is
narrower than the federal minimum: an employer can withhold no more than the
lesser of 20% of your weekly disposable earnings, or 40% of the amount your
earnings exceed 48 times the minimum wage that applies where you work. On
top of that formula, you can ask a court to protect even more of your
paycheck if you can show you need it to support yourself or your family.
Child support, spousal support, and tax debts follow different, usually
higher, limits set elsewhere.
Requirements one by one
Governing law
California's wage garnishment rules live in the Wage Garnishment Law, Code
of Civil Procedure §§ 706.010–706.154. The garnishment cap itself is set by
CCP § 706.050. A separate law, Labor Code § 2929, protects an employee from
being fired over a garnishment.
Maximum that can be garnished
Under CCP § 706.050(a), the most that can be withheld from your paycheck in
any workweek is the lesser of two numbers: 20% of your disposable earnings
for that week, or 40% of the amount your disposable earnings exceed 48
times the minimum hourly wage. "Disposable earnings" means what's left
after legally required deductions like taxes — not your gross pay.
State rule vs. federal floor
Federal law (15 U.S.C. § 1673(a)) sets a floor that applies nationwide
unless a state is more protective: the lesser of 25% of disposable earnings,
or the amount earnings exceed 30 times the federal minimum wage. California
beats the federal floor on both parts of that formula — a lower percentage
(20% vs. 25%) and a bigger protected cushion (48 times minimum wage instead
of 30 times) — so less of a California paycheck can be taken than federal
law alone would allow.
Minimum-wage protected floor
The 48-times multiplier in § 706.050(a)(2) uses the state minimum hourly
wage in effect when the earnings are paid — or the local minimum wage
instead, if the city or county where you work sets a higher one. Because
many California cities set their own higher minimum wage, the actual
dollar floor that's fully protected varies by where you work, not just by
state law alone.
Support, tax & student loan debts
A different set of rules applies once the debt isn't an ordinary judgment.
A withholding order for child or spousal support automatically outranks
every other garnishment order (CCP § 706.030) and can reach the higher
percentages federal law allows for support — up to 50-65% of disposable
earnings, depending on whether you're supporting another dependent and
whether the support is in arrears. An unpaid state tax debt is collected
through its own earnings withholding order under CCP §§ 706.070 and
following, on a separate track from an ordinary judgment. Federal tax
levies and federal student loan collections don't go through this state
chapter at all — they're handled through federal administrative processes.
Head-of-household/family exemption
California doesn't use a fixed dollar cutoff like some states do. Instead,
CCP § 706.051 lets you ask a court to exempt whatever portion of your
earnings you can prove is "necessary for the support of the judgment
debtor or the judgment debtor's family supported in whole or in part by
the judgment debtor." It's a case-by-case showing, not an automatic rule —
but it isn't available if the underlying debt is a support order, a state
tax order, family-code attorney's fees, or wages you owe to your own
former employee (§ 706.051(c)).
Multiple garnishments at once
If more than one earnings withholding order is served on your employer at
the same time, California uses strict first-in-time priority: the employer
follows the first order served, and later ordinary orders are simply
ineffective until the earlier one is satisfied (CCP § 706.023(a)-(c)). The
main exceptions are a support order, which always jumps to the front of
the line, and an order for elder or dependent-adult financial abuse, which
outranks every ordinary order but still yields to a support or tax order.
Protection from being fired
Labor Code § 2929 makes it illegal to fire you because your wages have
been threatened with garnishment, or because they've been garnished for a
single judgment. It goes further than the federal anti-retaliation rule
(15 U.S.C. § 1674) by voiding any employment contract clause that offers
weaker protection, and by entitling a wrongfully discharged employee to up
to 30 days of back wages.
What trips people up
The 20%/40% formula isn't "pick whichever is bigger" — it's the LESSER of
the two amounts, so the number that actually protects you the most is the
one that controls. And the § 706.051 family-support exemption isn't
automatic: you have to file a claim of exemption and, if the creditor
objects, prove your need at a hearing. Simply having dependents doesn't
protect your paycheck by itself. Finally, remember California's cap only
applies to earnings — self-employed income paid to you as an independent
contractor isn't reached by this wage garnishment chapter at all, though a
creditor can pursue it through a different collection tool.
Common questions
Can a creditor garnish more than 20% if I have a lot of debt?
No — for an ordinary judgment, 20% (or the 40%-over-48x-minimum-wage
alternative, if lower) is the ceiling no matter how large the debt or how
many ordinary creditors are in line, though a support order can add on top
of that.
Does it matter how often I'm paid?
No — CCP § 706.050(b) sets equivalent multipliers for biweekly,
semimonthly, and monthly pay periods so the protection works out the same
either way.
What if I'm already behind on child support and a credit card company
also gets a judgment against me?
The support order comes first and can take up to 50-65% of your disposable
earnings; only what's left after that is available for the credit card
judgment, subject to the ordinary 20%/40% cap.
Statutes and sources
- Cal. Civ. Proc. Code § 706.050 — "Except as otherwise provided in this
chapter, the maximum amount of disposable earnings of an individual
judgment debtor for any workweek that is subject to levy under an
earnings withholding order shall not exceed the lesser of the following:
(1) Twenty percent of the individual's disposable earnings for that
week. (2) Forty percent of the amount by which the individual's
disposable earnings for that week exceed 48 times the state minimum
hourly wage in effect at the time the earnings are payable. If a
judgment debtor works in a location where the local minimum hourly wage
is greater than the state minimum hourly wage, the local minimum hourly
wage in effect at the time the earnings are payable shall be used for
the calculation made pursuant to this paragraph." —
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=706.050.&lawCode=CCP
(accessed 2026-07-05) - Cal. Civ. Proc. Code § 706.051 — "Except as provided in subdivision (c),
the portion of the judgment debtor's earnings that the judgment debtor
proves is necessary for the support of the judgment debtor or the
judgment debtor's family supported in whole or in part by the judgment
debtor is exempt from levy under this chapter." —
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=706.051.&lawCode=CCP
(accessed 2026-07-05) - Cal. Civ. Proc. Code § 706.030 — "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." —
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=706.030.&lawCode=CCP
(accessed 2026-07-05) - Cal. Civ. Proc. Code § 706.023 — "(a) An employer shall comply with the
first earnings withholding order served upon the employer. ... (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)." —
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=706.023.&lawCode=CCP
(accessed 2026-07-05) - Cal. Lab. Code § 2929 — "No employer may discharge any employee by
reason of the fact that the garnishment of his wages has been
threatened. No employer may discharge any employee by reason of the fact
that his wages have been subjected to garnishment for the payment of one
judgment. A provision of a contract of employment that provides an
employee with less protection than is provided by this subdivision is
against public policy and void." —
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=2929.&lawCode=LAB
(accessed 2026-07-05) - 15 U.S.C. § 1673 — "Except as provided in subsection (b) and in section
1675 of this title, the maximum part of the aggregate disposable
earnings of an individual for any workweek which is subjected to
garnishment may not exceed (1) 25 per centum of his disposable earnings
for that week, or (2) the amount by which his disposable earnings for
that week exceed thirty times the Federal minimum hourly wage prescribed
by section 206(a)(1) of title 29 in effect at the time the earnings are
payable, whichever is less." —
https://www.govinfo.gov/app/details/USCODE-2011-title15/USCODE-2011-title15-chap41-subchapII-sec1673
(accessed 2026-07-05)
Source links
Every statute quoted above, linked, with the date we checked it.