How much can creditors garnish my wages under California law?

A person in California could have his wages garnished for a variety of reasons, failure to make payments on a debt, or child support, alimony etc.California wage garnishment follows the rules set down by the California legislature and can only operate according to the rules and regulations therein.

Should an employer receive an "Earnings Withholding Order" - a wage garnishment order, he is obligated to withhold 25% of the employee's disposable earnings (meaning his net income) and remitting this amount to either a levying officer or a sheriff so that the money is received by the creditor or spouse or other entity entitled to this money as per the court order. In the case of spousal or child support the amount that can be withheld can be as high as 50%. Generally a writ like this, a garnishment, is in force for up to 10 years, or until the judgment is paid offor indefinitely if it is for support. It can be canceled in cases where a higher priority Earnings Withholding Order takes precedence over it - this would be for child support generally. It could also be terminated by the court due to a failure to file an "Opposition to Claim of Exemption" form. Of course, it also ceases if the debtor stops working for that particular employer.

If the debtor wishes to terminate or lessen the amount he is obligated to have withheld from his paycheck he can file a claim of exemption with the Sheriff's office. This is not an option, however, if his wages are currently being garnished for child or spousal support. Once the Sheriff receives this claim of exemption he will mail a copy of it to the creditoralong with instructions on how the creditor can oppose the claim.

Normally a spouse's wages cannot be garnished for a debt on which their name does not appear; however, pursuant to a court order, they too could have their wages garnished.

The Earnings Withholding Order can only garnish monies that the debtor earns by some form of employment and includes monies he is paid through wages, bonuses, commissions, salaries, etc.

When an employer in California receives an Earnings Withholding Order it will include the following warning: "It is illegal not to pay amounts withheld for the Earnings Withholding Order to the levying officer. Your duty is to pay the money to the levying officer who will pay the money in accordance with the laws that apply to this case. If you violate any of these laws, you may be held liable to pay civil damages and you may be subject to criminal prosecution."

The Sheriff cannot attempt to compel an employer to comply with this order; however the creditor can sue the employer if he fails to comply with the order, as per Code of Civil Procedure Section 708.210 et seq.