California Wage Garnishment / Earnings Withholding Order + Exemption Claim Package

California Wage Garnishment / Earnings Withholding Order + Exemption Claim Package

Part 1 — Pre-Garnishment Compliance Checklist (Judgment Creditor)

Before applying for an Earnings Withholding Order, the judgment creditor must confirm:

☐ Money judgment has been entered and is not stayed (CCP § 683.010)
☐ Judgment is not more than 10 years old, OR has been renewed under CCP § 683.120
☐ Judgment debtor's residence address verified within the last 12 months (CCP § 706.108(b); WG-015 / EJ-135 Declaration of Address Verification)
☐ Writ of Execution (Judicial Council Form EJ-130) issued by the clerk to the county where wages will be levied
☐ Memorandum of Costs After Judgment (MC-012) filed and served if adding costs/interest (CCP § 685.070)
☐ Confidential Statement of Judgment Debtor's Social Security Number (WG-035) prepared
☐ Application for Earnings Withholding Order (WG-001) completed
☐ Earnings Withholding Order (WG-002) prepared in 4 copies for levying officer
☐ Levying officer's fee paid (sheriff/marshal in the county where employer is located)
☐ Federal CCPA cap confirmed — withholding cannot exceed lesser of 25% disposable OR amount > 30x federal minimum hourly wage (15 U.S.C. § 1673)
☐ California cap confirmed — withholding cannot exceed lesser of 20% disposable OR 40% of amount > 48x state (or local) minimum hourly wage (CCP § 706.050)
☐ Confirmed only one EWO is in effect against this debtor (CCP § 706.023 — only one consumer EWO at a time except for support)
☐ Judgment debtor is W-2 employed (self-employed individuals are not subject to EWO; consider keeper levy under CCP § 700.170)

Part 2 — Application for Earnings Withholding Order (Wage Garnishment)

(Companion to Judicial Council Form WG-001 — Use This Worksheet to Prepare WG-001)

SUPERIOR COURT OF CALIFORNIA, COUNTY OF [________________________________]

Case Number: [________________________________]
Date of Judgment: [__/__/____]
Original Judgment Amount: $[____________]
Accrued Interest (10% statutory): $[____________]
Post-Judgment Costs: $[____________]
Credits/Payments: $[____________]
Total Amount Due as of Application Date: $[____________]

Judgment Debtor Information

Employer / Garnishee Information

Type of EWO Requested:

☐ Standard Earnings Withholding Order (CCP § 706.022) — consumer money judgment
☐ Earnings Withholding Order for Support (WG-004) — court-ordered family support
☐ Earnings Withholding Order for Elder/Dependent Adult Financial Abuse (WG-030)
☐ Earnings Withholding Order for Taxes (WG-022)

Declaration of Levying Officer Instructions

The undersigned judgment creditor or attorney requests the levying officer to:

1. Serve the EWO (WG-002), Employer's Instructions (WG-003), Confidential Information Form, Notice to Employee, Claim of Exemption Form (WG-006), and Financial Statement (WG-007) upon the employer-garnishee.
2. Forward all withheld amounts to the levying officer for distribution to the judgment creditor per CCP § 706.026.
3. Terminate the EWO upon satisfaction, expiration after 180 days of no withholding, or order of court.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: [__/__/____] Signature: [________________________________]

Printed Name: [________________________________]
Bar No. (if attorney): [____________]
Attorney for Judgment Creditor

Part 3 — Notice to Judgment Debtor and Statutory Exemption Notice

(Mirrors WG-003 Employee Instructions / Notice required under CCP § 706.122)

NOTICE TO JUDGMENT DEBTOR — IMPORTANT INFORMATION ABOUT YOUR WAGES

A court has ordered your employer to withhold a portion of your earnings each pay period to pay a judgment entered against you. Read this notice carefully — you may be able to STOP or REDUCE the withholding.

A. Maximum Amount That Can Be Withheld (CCP § 706.050)

For each workweek, your employer will withhold the LESSER of:

(1) 20% of your disposable earnings for that workweek; OR
(2) 40% of the amount by which your disposable earnings for that workweek exceed 48 times the applicable state or local minimum hourly wage in effect on the payday.

Federal law (15 U.S.C. § 1673) also caps withholding at the lesser of 25% of disposable earnings or amount in excess of 30x federal minimum hourly wage. The lower of the federal or California cap applies.

B. What "Disposable Earnings" Means

Disposable earnings are your gross earnings minus amounts the law requires your employer to withhold (federal/state income tax, FICA, SDI, state disability, etc.).

C. Your Right to Claim an Exemption (CCP § 706.105)

You may claim that all or part of your earnings should NOT be withheld because you (or your family) need them for essential support. To claim an exemption:

1. Complete Judicial Council Form WG-006 (Claim of Exemption) AND
2. Complete Judicial Council Form WG-007 (Financial Statement);
3. Deliver the originals to the LEVYING OFFICER (sheriff/marshal) — NOT the court — within 10 days after you receive this notice (CCP § 706.105(b)); the levying officer will forward copies to the judgment creditor.
4. If the judgment creditor does NOT oppose within 10 days, the EWO is modified or terminated automatically.
5. If the judgment creditor opposes (CCP § 706.105(d)), the creditor must file a notice of opposition AND notice of hearing in court within 10 days. The court will hold a hearing within 30 days.

D. Jury Trial Not Available

Claim-of-exemption proceedings under CCP § 706.105 are heard by the court without a jury.

E. Other Exempt Sources of Income

The following income is generally NOT subject to wage garnishment in California:

☐ Social Security retirement / SSDI benefits (42 U.S.C. § 407)
☐ Supplemental Security Income (SSI)
☐ Veterans benefits (38 U.S.C. § 5301)
☐ Public assistance (CalWORKs, CalFresh, General Assistance) — CCP § 704.170
☐ Workers' compensation benefits — CCP § 704.160
☐ Unemployment compensation — Unemp. Ins. Code § 1342
☐ Disability insurance benefits
☐ Pension / retirement plan benefits — CCP §§ 704.110, 704.115
☐ Child / spousal support received — CCP § 704.140
☐ Earnings already paid and traceable for 30 days — CCP § 704.070 (75% exempt)

Part 4 — Claim of Exemption (Judgment Debtor)

(Companion to Judicial Council Form WG-006 + WG-007)

SUPERIOR COURT OF CALIFORNIA, COUNTY OF [________________________________]

Case Number: [________________________________]
Levying Officer File No.: [________________________________]

I, [________________________________], the judgment debtor, claim that the following earnings are exempt from levy:

A. Basis for Exemption (check all that apply)

☐ All or part of my earnings are necessary for the support of me and my family (CCP § 706.051)
☐ The earnings are exempt under CCP § 704.070 (paid earnings — 75% exempt)
☐ I receive Social Security / SSDI / SSI deposited into the garnished account
☐ I receive Veterans benefits (38 U.S.C. § 5301)
☐ I receive public assistance (CalWORKs / CalFresh / General Assistance)
☐ I receive workers' compensation / unemployment / disability insurance
☐ I am the head of household supporting [____] dependents
☐ Other (specify): [________________________________]

B. Amount Claimed Exempt

I claim that $[____________] per [week / biweekly / month] of my earnings should be exempt and only $[____________] (if any) per pay period should be withheld.

C. Required Supporting Documentation

☐ Completed WG-007 Financial Statement (income, expenses, assets, dependents)
☐ Most recent two pay stubs
☐ Federal & state tax returns (last 2 years) if requested
☐ Documentation of all dependents
☐ Proof of any benefit income (SSA award letter, VA letter, etc.)

D. Service

I served a copy of this Claim of Exemption and Financial Statement on the LEVYING OFFICER (not the court) on [__/__/____] by [personal delivery / first-class mail].

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: [__/__/____] Signature: [________________________________]

Print Name: [________________________________]
Address: [________________________________]
Telephone: [____________]

Part 5 — Employer's Return / Answer to EWO

(Companion to Judicial Council Form WG-005 — Employer's Return)

To be completed by the EMPLOYER-GARNISHEE within 15 days of service (CCP § 706.126):

A. Employer Information

B. Employee Status

☐ The employee named is currently employed by this employer
☐ The employee is NOT currently employed (explain): [________________________________]
☐ Employment terminated on [__/__/____]
☐ Employee is on leave / inactive — expected return [__/__/____]
☐ Employee is an independent contractor (EWO does not apply)

C. Existing Earnings Withholding Orders

☐ No prior EWO is in effect
☐ A prior EWO for support is in effect (priority — CCP § 706.031)
☐ A prior EWO for taxes is in effect (priority — CCP § 706.077)
☐ A prior consumer EWO is in effect — under CCP § 706.023 this new EWO will NOT be honored until the prior one terminates

D. Pay Period Information

I declare under penalty of perjury that the foregoing is true and correct.

Date: [__/__/____] Signature: [________________________________]

Title: [________________________________]

Part 6 — Wage Calculation Worksheet (CCP § 706.050 + 15 U.S.C. § 1673)

Inputs

Step 1 — California Multiplier by Pay Period (CCP § 706.050(b))

Step 2 — CA Threshold

Threshold = Applicable Minimum Wage × Hours Multiplier = $[____________]

Step 3 — California Caps

(a) 20% of Disposable Earnings = $[____________]
(b) 40% of (Disposable Earnings − Threshold) = $[____________]
(If (b) is negative, treat as $0)

California Maximum Withholding (LESSER of (a) and (b)) = $[____________]

Step 4 — Federal CCPA Cap (15 U.S.C. § 1673)

(c) 25% of Disposable Earnings = $[____________]
(d) Disposable Earnings − (30 × Federal Minimum Hourly Wage × pay-period factor) = $[____________]
(If (d) is negative, treat as $0)

Federal Maximum Withholding (LESSER of (c) and (d)) = $[____________]

Step 5 — Final Amount Withheld

Amount to Withhold = LESSER of California cap (Step 3) and federal cap (Step 4) = $[____________]

Part 7 — Motion to Quash / Set Aside Earnings Withholding Order

SUPERIOR COURT OF CALIFORNIA, COUNTY OF [________________________________]

Case Number: [________________________________]
Hearing Date: [__/__/____]
Hearing Time: [____________]
Department: [____________]

NOTICE OF MOTION AND MOTION TO QUASH EARNINGS WITHHOLDING ORDER

TO: All parties and counsel of record.

PLEASE TAKE NOTICE that on the date and time above, judgment debtor [________________________________] will and hereby does move this Court for an order quashing the Earnings Withholding Order issued [__/__/____] and directing the levying officer to terminate the levy.

Grounds (check all that apply)

☐ The judgment is satisfied or has been paid in full
☐ The judgment is void, vacated, or stayed
☐ The 10-year period under CCP § 683.020 expired without renewal
☐ Movant is not the judgment debtor (mistaken identity)
☐ Address verification under CCP § 706.108(b) was not properly performed
☐ The EWO was issued without a valid Writ of Execution (EJ-130)
☐ The EWO exceeds the cap of CCP § 706.050 / 15 U.S.C. § 1673
☐ A prior EWO is already in effect (CCP § 706.023)
☐ The earnings are exempt under CCP §§ 706.051, 704.070, 704.110, 704.115, 704.130, 704.140, 704.160, 704.170, 704.180
☐ Other: [________________________________]

This Motion is based on this Notice, the attached Memorandum of Points and Authorities, the Declaration of Movant, and all pleadings on file.

Date: [__/__/____] Signature: [________________________________]

Attorney for Judgment Debtor / Movant in pro per

Part 8 — Notice of Hearing on Claim of Exemption (CCP § 706.105(d))

TO THE LEVYING OFFICER AND JUDGMENT DEBTOR:

You are notified that judgment creditor [________________________________] OPPOSES the Claim of Exemption filed by judgment debtor [________________________________] on [__/__/____].

A hearing on the Claim of Exemption has been scheduled:

At the hearing, the judgment debtor has the burden of proving the claim of exemption (CCP § 703.580). The judgment creditor has the burden of proving non-exemption only if the exemption is for paid earnings (CCP § 704.070).

The court will rule on the Claim of Exemption and either:
☐ Sustain the claim and order termination/modification of the EWO; or
☐ Deny the claim and the EWO will continue.

Date: [__/__/____] Signature: [________________________________]

Attorney for Judgment Creditor

Sources and References

• Cal. Code Civ. Proc. §§ 706.010 – 706.154 (Wage Garnishment Law)
• Cal. Code Civ. Proc. § 706.050 (post-SB 1477 — 20% / 40% of excess over 48x minimum wage)
• Cal. Code Civ. Proc. §§ 703.140, 704.070 – 704.180 (exemptions)
• 15 U.S.C. § 1673 (federal CCPA floor)
• Judicial Council Forms: EJ-130 (Writ of Execution), WG-001 (Application), WG-002 (EWO), WG-003 (Employer's Instructions), WG-004 (EWO for Support), WG-005 (Employer's Return), WG-006 (Claim of Exemption), WG-007 (Financial Statement), WG-008 (Notice of Opposition), WG-009 (Notice of Hearing), WG-012 (Notice of Termination), WG-035 (Confidential SSN)
• Sacramento County Public Law Library Wage Garnishment Guide
• California Department of Industrial Relations — current state minimum wage