The Basics on California Judgment Wage Garnishment
Wage garnishment is a common procedure creditors use to recover debts from individuals who are employed or receive other income. Some states don't allow wage garnishment. However, creditors in California can typically garnish up to 25 percent of your disposable wages each pay period until you have paid the debt in full.
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Procedure
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To garnish your wages in California, a creditor must first file a lawsuit against you for the defaulted debt. If the judge rules in the creditor's favor, he must then obtain a writ of execution, which he can use to complete an application for an earnings withholding order. A registered process server or sheriff must serve your employer with the order within 180 days of the writ of execution's issuance.
Regulations for Creditors
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In California, Creditors can't garnish more than 25 percent of your disposable wages to repay a debt. Your wages are also exempt from garnishment if they fall below the poverty line. Creditors typically can't garnish Social Security benefits unless the debt is for child support, spousal maintenance, back taxes or student loans. California also exempts public assistance benefits, insurance benefits and pensions from garnishment for any type of debt.
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Employer Regulations
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If an employer receives a garnishment order in California, he must honor it. If he doesn't garnish your wages, the court may hold him in contempt. California law doesn't allow employers to discharge you because of wage garnishment. If an employer receives multiple garnishment orders for the same employee, he must typically give priority to the first one he received. However, if he receives orders for child support or alimony, he must give them priority over all other orders regardless of when he received them.
Eliminating Garnishment
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If your employer receives a wage garnishment order for you in California, you must file a complaint with the court to appeal the order. Unless the court reverses the order, your employer must continue to abide by it whether or not you approve of the arrangement. If you pay the debt in full, the creditor must stop garnishing your wages. He must also stop the garnishment if you file for bankruptcy.
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References
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