California Law on Wage Garnishes
California Codes of Civil Procedure 699.010 - 699.090 outline the process for a judgment creditor to collect moneys owed to them by a debtor through wage garnishment. Employers must also follow a set of legal regulations, called the California Labor Code, before they can garnish an employee's wages.
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Judgment Creditors
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Judgment creditors must first obtain a writ of execution before they can legally garnish an employee's wages. After securing the writ of execution they have to fill out an application of earnings withholding order. This information has to be turned in to the clerk of court where the judgment for collection was rendered. Levying officers (or local sheriffs) then take the writ to the debtor's employer to begin the wage garnishment.
Garnishment Limits
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Judgment creditors have to follow California Civil Procedure Codes 706.101 -- 706.154 when it comes to determining the amount of an employee's wages that can be garnished. Usually, this amount cannot exceed 25 percent of an employee's wages. There is a 10-year limit to the enforcement of the writ if the employee does not pay off the amount before this time period ends.
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Employers
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Garnishments and deductions can sometimes be confused and employers can legally withhold employee's wages but only under certain conditions. These conditions include authorization by state or federal law, employee authorization for deduction or a collective bargaining agreement that requires a reduction. Employers must follow the Industrial Welfare Commission orders and a court's ruling before deducting wages. Judgment creditors must strictly follow civil code guidelines before they can garnish employee wages.
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