Wage Garnishment Laws in California

On June 5, 2019, Plaintiff filed a Motion for Wage Garnishment Order (the “Motion”) seeking an order to garnish Defendant’s spouse’s wages under CCP § 706.109. II. Legal Standards “Except for an earning assignment order for support, the earnings of an employee shall not be required to be withheld by an employer for payment of a debt by means of any judicial procedure other than pursuant to this chapter.” (CCP § 706.020.) “Both the wage garnishment law and the attachment law protect wages from creditors.

Legal Standard A judgment creditor wishing to reach earnings that have not yet been paid to an employee must resort to the Wage Garnishment Law of CCP §§ 704.070, 706.010 706.154. Under the Wage Garnishment Law, the debtor is entitled to keep seventy-five percent (75%) of paid earnings/wages (CCP §§ 704.070(b)(2), 706.050 and 15 USC § 1673(a)(1)1; See also J. J. MacIntyre Co. v.

Code of Civil Procedure section 706.109 states that an earnings withholding order will not issue against the spouse of the judgment debtor “except by court order upon noticed motion.” The Wage Garnishment Law (Code Civ. Proc., §§ 706.010–706.154), which is part of the Enforcement of Judgments Law (Code Civ.

(CCP § 706.020.) “Both the wage garnishment law and the attachment law protect wages from creditors. The wage garnishment law provides the exclusive judicial procedure by which a judgment creditor can execute against the wages of a judgment debtor, except for cases of judgments or orders for support. [Citation.] It limits the amount of earnings which may be garnished in satisfaction of a judgment and establishes certain exemptions from earnings which may not be garnished. [Citation.]”

(CCP §706.105(g), (h)) The court need not make any findings. (CCP §706.106) California's wage garnishment law "limits the amount of earnings which may be garnished in satisfaction of a judgment . . . ." (California State Employees' Assn. v. State of California (1988) 198 Cal.App.3d 374, 377.) Generally a garnishment may not exceed 25 percent of a worker's "disposable earnings." (15 U.S.C. § 1673; Barnhill v. Robert Saunders & Co. (1981) 125 Cal.App.3d 1, 6.)

“Both the wage garnishment law and the attachment law protect wages from creditors. The wage garnishment law provides the exclusive judicial procedure by which a judgment creditor can execute against the wages of a judgment debtor, except for cases of judgments or orders for support. [Citation.] It limits the amount of earnings which may be garnished in satisfaction of a judgment and establishes certain exemptions from earnings which may not be garnished. [Citation.]” (California State Employees’ Assn. v.

Proc. § 706.020.) Both the wage garnishment law and the attachment law protect wages from creditors. The wage garnishment law provides the exclusive judicial procedure by which a judgment creditor can execute against the wages of a judgment debtor, except for cases of judgments or orders for support. [Citation.] It limits the amount of earnings which may be garnished in satisfaction of a judgment and establishes certain exemptions from earnings which may not be garnished .

Proc., §§ 706.023(c), 706.072(a), 706.077. The Judgment Creditor is to prepare the order.

Discussion California's wage garnishment law "limits the amount of earnings which may be garnished in satisfaction of a judgment . . . ." (California State Employees' Assn. v. State of California (1988) 198 Cal.App.3d 374, 377.) Generally a garnishment may not exceed 25 percent of a worker's "disposable earnings." (15 U.S.C. § 1673; Barnhill v. Robert Saunders & Co. (1981) 125 Cal.App.3d 1, 6.)

Proc. § 706.020.) “Both the wage garnishment law and the attachment law protect wages from creditors. The wage garnishment law provides the exclusive judicial procedure by which a judgment creditor can execute against the wages of a judgment debtor, except for cases of judgments or orders for support. [Citation.] It limits the amount of earnings which may be garnished in satisfaction of a judgment and establishes certain exemptions from earnings which may not be garnished. [Citation.]”

(CCP § 706.020.) “Both the wage garnishment law and the attachment law protect wages from creditors. The wage garnishment law provides the exclusive judicial procedure by which a judgment creditor can execute against the wages of a judgment debtor, except for cases of judgments or orders for support. [Citation.] It limits the amount of earnings which may be garnished in satisfaction of a judgment and establishes certain exemptions from earnings which may not be garnished. [Citation.]”

“Both the wage garnishment law and the attachment law protect wages from creditors. The wage garnishment law provides the exclusive judicial procedure by which a judgment creditor can execute against the wages of a judgment debtor, except for cases of judgments or orders for support. [Citation.] It limits the amount of earnings which may be garnished in satisfaction of a judgment and establishes certain exemptions from earnings which may not be garnished. [Citation.]” (California State Employees’ Assn. v.

Proc. § 706.020.) “Both the wage garnishment law and the attachment law protect wages from creditors. The wage garnishment law provides the exclusive judicial procedure by which a judgment creditor can execute against the wages of a judgment debtor, except for cases of judgments or orders for support. [Citation.] It limits the amount of earnings which may be garnished in satisfaction of a judgment and establishes certain exemptions from earnings which may not be garnished .

(d) Where an award of damages or a settlement arising out of personal injury is payable periodically, the amount of such periodic payment that may be applied to the satisfaction of a money judgment is the amount that may be withheld from a like amount of earnings under Chapter 5 (commencing with Section 706.010) (Wage Garnishment Law)." 3. Discussion and Ruling.

Proc., § 706.020.) Both the wage garnishment law and the attachment law protect wages from creditors. The wage garnishment law provides the exclusive judicial procedure by which a judgment creditor can execute against the wages of a judgment debtor, except for cases of judgments or orders for support. [Citation.] It limits the amount of earnings which may be garnished in satisfaction of a judgment and establishes certain exemptions from earnings which may not be garnished. [Citation.

Proc. § 706.020.) “Both the wage garnishment law and the attachment law protect wages from creditors. The wage garnishment law provides the exclusive judicial procedure by which a judgment creditor can execute against the wages of a judgment debtor, except for cases of judgments or orders for support. [Citation.] It limits the amount of earnings which may be garnished in satisfaction of a judgment and establishes certain exemptions from earnings which may not be garnished. [Citation.]”

Proc. § 706.020.) “Both the wage garnishment law and the attachment law protect wages from creditors. The wage garnishment law provides the exclusive judicial procedure by which a judgment creditor can execute against the wages of a judgment debtor, except for cases of judgments or orders for support. [Citation.] It limits the amount of earnings which may be garnished in satisfaction of a judgment and establishes certain exemptions from earnings which may not be garnished.

See CCP §706.105(g) and (i).

See CCP §706.105(g) and (i).

Farmers has failed to show that the payments sought to be assigned either: (1) are not from a pension or retirement plan; or (2) do “not exceed the amount that may be withheld from a like amount of earnings under Chapter 5 (commencing with Section 706.010) (Wage Garnishment Law).” (Code Civ. Proc., § 708.510, subd. (e); Miller decl., ¶¶ 9-10.) The notice of motion does not provide notice of this Court’s tentative ruling system as required by Local Rule 11.2(b).

CCP § 706.051(c). The filed claim of exemption must therefore be denied. It appears from the information submitted with the claim of exemption that the judgment debtors wages are already subject to a garnishment order.

Proc., §§ 706.011, 706.020.) If the earnings are due to the judgment debtor as an “employee,” then judgment creditor needs to obtain a writ of execution and apply for an earnings withholding order with the levying officer or a registered process server as set forth in the Wage Garnishment Law (WGL), and not the court, because the WGL is the exclusive judicial method of compelling an employer to withhold an employee’s earnings to satisfy a nonsupport judgment. (Code Civ.

The Court further notes that the levying officer (here, the San Luis Obispo County Sheriff’s Department) has not submitted the items required to be filed under section 706.105(e). The general process is as follows: An exemption is claimed by filing with the levying officer (not the court) a Claim of Exemption form and a Financial Statement. (§ 706.105(b).) The levying officer then forwards those documents to the judgment creditor along with a notice of claim of exemption form. (§ 706.105(c).)

California's wage garnishment law "limits the amount of earnings which may be garnished in satisfaction of a judgment...." (California State Employee's Assn. v. State of California (1988) 198 Cal.App.3d 374, 377.) Generally a garnishment may not exceed 25 percent of a worker's "disposable earnings." (15 U.S.C. § 1673; Barnhill v. Robert Saunders & Co. (1981) 125 Cal.App.3d 1, 6.)

Proc., § 704.070 states: “(a) As used in this section: (1) “Earnings withholding order” means an earnings withholding order under Chapter 5 (commencing with Section 706.010) (Wage Garnishment Law). (2) “Paid earnings” means earnings as defined in Section 706.011 that were paid to the employee during the 30-day period ending on the date of the levy.

See Section 706.020."].) Further, Defendant is not eligible for a §706.051 exemption (earnings necessary for the support of judgment debtor and his/her household), because one of the exceptions to the §706.051 exemption, as set forth in §706.051(c), is applicable here: "(c) The exemption provided in subdivision (b) is not available if any of the following exceptions applies: .... (2) The debt was incurred for personal services rendered by an employee or former employee of the judgment debtor."

Proc., §§ 706.11, 706.020, 708.510, subd. (a).) If the earnings are due to judgment debtor as an “employee,” then judgment creditor needs to obtain a writ of execution and apply for an earnings withholding order with the levying officer or a registered process server as set forth in the Wage Garnishment Law (WGL), and not the court. (See Hart, Cal. Practice Guide: Enf. Judgments and Debts (The Rutter Group 2012) Chs. 6F-2 ¶¶ 6:1103, 6:1107 et seq., Ch. 6G-5 ¶ 6:1430.2.)

CCP § 706.105(d). The notice appears timely. Notice of hearing on the claim of exemption was served on October 12, 2010. That is adequate notice under CCP § 1005, as incorporated in CCP § 706.105(e). Judgment creditor claims the income is not subject to the exemption claimed because the judgment is for common necessaries of life – medical expenses. Judgment creditor indicates that it $75 per pay period.

California's wage garnishment law "limits the amount of earnings which may be garnished in satisfaction of a judgment...." (California State Employee's Assn. v. State of California (1988) 198 Cal.App.3d 374, 377.) Generally, a garnishment may not exceed 25 percent of a worker's "disposable earnings." (15 U.S.C. § 1673; Barnhill v. Robert Saunders & Co. (1981) 125 Cal.App.3d 1, 6.)

Further, as defendant appears to claim an exemption for earnings necessary for the support of family under Code of Civil Procedure section 706.051, she must comply with the procedural requirements for claiming an exemption as set forth in Code of Civil Procedure section 706.105 before relief may be granted.

(CCP sec. 706.105(e).) “The judgment creditor shall file proof of the service with the court.” (CCP sec. 706.105(e).) “After receiving the notice of the hearing and before the date set for the hearing, the levying officer shall file the claim of exemption and the notice of opposition to the claim of exemption with the court.” (CCP sec. 706.105(e).)

California's wage garnishment law "limits the amount of earnings which may be garnished in satisfaction of a judgment...." California State Employee's Assn. v. State of California (1988) 198 Cal.App.3d 374, 377. Generally, a garnishment may not exceed 25 percent of a worker's "disposable earnings." 15 U.S.C. § 1673; Barnhill v. Robert Saunders & Co. (1981) 125 Cal.App.3d 1, 6.

California's wage garnishment law "limits the amount of earnings which may be garnished in satisfaction of a judgment...." California State Employee's Assn. v. State of California (1988) 198 Cal.App.3d 374, 377. Generally, a garnishment may not exceed 25 percent of a worker's "disposable earnings." 15 U.S.C. § 1673; Barnhill v. Robert Saunders & Co. (1981) 125 Cal.App.3d 1, 6.

California's wage garnishment law "limits the amount of earnings which may be garnished in satisfaction of a judgment...." (California State Employee's Assn. v. State of California (1988) 198 Cal.App.3d 374, 377.) Generally a garnishment may not exceed 25 percent of a worker's "disposable earnings." (15 U.S.C. § 1673; Barnhill v. Robert Saunders & Co. (1981) 125 Cal.App.3d 1, 6.)

However, as this moving party claims an exemption from wage garnishment, which is governed by CCP 706.051 and 706.105, the longer period prescribed by CCP 706.105(e) and 1005(b) applies. There is no reply or other document filed by claimant which would waive this insufficient notice. Accordingly, the hearing is continued in order to correct this service issue. Moving party to give notice of the continuance and to file proof of service of same at least five court days prior to the continued hearing date.

California's wage garnishment law "limits the amount of earnings which may be garnished in satisfaction of a judgment...." (California State Employee's Assn. v. State of California (1988) 198 Cal.App.3d 374, 377.) Generally a garnishment may not exceed 25 percent of a worker's "disposable earnings." (15 U.S.C. § 1673; Barnhill v. Robert Saunders & Co. (1981) 125 Cal.App.3d 1, 6.)

California's wage garnishment law "limits the amount of earnings which may be garnished in satisfaction of a judgment...." (California State Employee's Assn. v. State of California (1988) 198 Cal.App.3d 374, 377.) Generally a garnishment may not exceed 25 percent of a worker's "disposable earnings." (15 U.S.C. § 1673; Barnhill v. Robert Saunders & Co. (1981) 125 Cal.App.3d 1, 6.)

California's wage garnishment law "limits the amount of earnings which may be garnished in satisfaction of a judgment...." California State Employee's Assn. v. State of California (1988) 198 Cal.App.3d 374, 377. Generally a garnishment may not exceed 25 percent of a worker's "disposable earnings." 15 U.S.C. § 1673; Barnhill v. Robert Saunders & Co. (1981) 125 Cal.App.3d 1, 6.

California's wage garnishment law "limits the amount of earnings which may be garnished in satisfaction of a judgment...." (California State Employee's Assn. v. State of California (1988) 198 Cal.App.3d 374, 377.) Generally a garnishment may not exceed 25 percent of a worker's "disposable earnings." (15 U.S.C. § 1673; Barnhill v. Robert Saunders & Co. (1981) 125 Cal.App.3d 1, 6.)

Code of Civil Procedure §706.105(b). Upon receipt of the claim of exemption, the levying officer is required to serve a copy of the document on the judgment creditor. Code of Civil Procedure §706.105(c). The judgment debtor then has 10 days to file any opposition to the claim of exemption with the levying officer. Code of Civil Procedure §706.105(d).

The Wage Garnishment Law is the exclusive judicial method of compelling an employer to withhold an employee's earnings to satisfy a nonsupport judgment. [CCP § 706.020; and see California State Employees' Ass'n v. State of Calif. (1988) 198 CA3d 374, 377.] “Earnings” under the WGL refer to all compensation payable by an employer to an employee for personal services performed by the employee … whether termed “wages,” “salary,” “commission,” “bonus” or otherwise.

But plaintiff served an earnings withholding order for the garnishment of defendant's wages pursuant to the Wage Garnishment Law, CCP §§ 706.010-706.154. (See Ex. C). These enforcement procedures are distinct from each other. In other words, plaintiff cannot have the remedy authorized by § 701.020 because it didn't proceed under that section. The remedy for an employer's failure to withhold earnings is a separate civil action. CCP § 706.154.

CCP 704.070 provides: (a) As used in this section: (1) Earnings withholding order means an earnings withholding order under Chapter 5 (commencing with Section 706.010 ) (Wage Garnishment Law). (2) Paid earnings means earnings as defined in Section 706.011 that were paid to the employee during the 30-day period ending on the date of the levy.

Code of Civil Procedure §704.070 provides that: "(a) As used in this section: (1) 'Earnings withholding order' means an earnings withholding order under Chapter 5 (commencing with Section 706.010) (Wage Garnishment Law). (2) 'Paid earnings' means earnings as defined in Section 706.011 that were paid to the employee during the 30-day period ending on the date of the levy.

. §706.010 et. seq.). 1. Mr. Noel has not shown that the exemption he seeks is "necessary for the support of" himself or his family, in light of his current financial circumstances (Code Civ. Proc. §706.051(b)). 2. In considering an exemption based on need, Code Civ. Proc. §703.115 directs that the court must consider all property of the debtor and his spouse, including community and separate property, whether or not the property is subject to enforcement of the money judgment.

Code of Civil Procedure §706.105(b). Upon receipt of the claim of exemption, the levying officer is required to serve a copy of the document on the judgment creditor. Code of Civil Procedure §706.105(c). The judgment creditor then has 10 days to file and serve any opposition to the claim of exemption. Code of Civil Procedure §706.105(d). The judgment creditor must also file a notice of hearing with the court and serve a copy of the notice on the judgment debtor. Code of Civil Procedure §706.105(e).

Proc., § 706.105, subd. (e).) The judgment creditor must give written notice of the hearing to the levying officer at least 16 court days prior to the hearing. ( Code Civ. Proc., § 706.105, subd. (e); Code Civ. Proc., § 1005, subd. (b).) The judgment creditor must also serve a copy of the notice of opposition and notice of hearing at least 16 court days before the hearing on the judgment debtor at the address set forth in the claim of exemption. (Code Civ. Proc., § 706.105, subd. (e).)

. §§ 706.010 et seq.) By statute, 75% of a debtor's disposable earnings are automatically exempt from wage garnishment. (C.C.P. § 706.050; 15 U.S.C. § 1673(a)(1).) The term "disposable earnings" means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld. (15 U.S.C. § 1672(b).)

The court therefore holds this hearing under Code of Civil Procedure section 706.105. Judgment debtor Jose M. Soto proves $4,643.18 of his monthly earnings are exempt. [T]he portion of the judgment debtors earnings that the judgment debtor proves is necessary for the support of the judgment debtor or the judgment debtors family supported in whole or in part by the judgment debtor is exempt from levy. (CCP § 706.051(b).)

(e) When earnings or periodic payments pursuant to a pension or retirement plan are assigned pursuant to subdivision (a), the amount of the earnings or the periodic payments assigned shall not exceed the amount that may be withheld from a like amount of earnings under Chapter 5 (commencing with Section 706.010 ) (Wage Garnishment Law).

Rocha’s claim of exemption pursuant to CCP § 706.051(b), overrules judgment creditor Household Finance Corporation of California’s opposition to the claim of exemption and terminates the earnings withholding order. The Sheriff of Santa Barbara County shall disburse all funds on hand to judgment debtor Luz M. Rocha. The clerk will transmit a certified copy of the court’s order to the Sheriff of Santa Barbara County pursuant to CCP § 706.105(g).

Proc., § 706.105, subd. (e).) The judgment creditor must give written notice of the hearing to the levying officer at least 16 court days prior to the hearing. ( Code Civ. Proc., § 706.105, subd. (e); Code Civ. Proc., § 1005, subd. (b).) The judgment creditor must also serve a copy of the notice of opposition and notice of hearing at least 16 court days before the hearing on the judgment debtor at the address set forth in the claim of exemption. (Code Civ. Proc., § 706.105, subd. (e).)

Proc., § 706.105, subd. (e).) The judgment creditor must give written notice of the hearing to the levying officer at least 16 court days prior to the hearing. ( Code Civ. Proc., § 706.105, subd. (e); Code Civ. Proc., § 1005, subd. (b).) The judgment creditor must also serve a copy of the notice of opposition and notice of hearing at least 16 court days before the hearing on the judgment debtor at the address set forth in the claim of exemption. (Code Civ. Proc., § 706.105, subd. (e).)

Code of Civil Procedure §706.020. Service of an earnings withholding order on the employer effectively creates a lien on the judgment debtor’s earnings. California State Employees Association v. State of California (1988) 198 Cal.App.3d 374, 377. However, by law, that portion of the judgment debtor’s earnings necessary for the support of the debtor or his or her family is exempt from such an order. Code of Civil Procedure §706.051.

A claim of exemption can be made by the judgment debtor any time during the withholding period CCP §706.105(a). An exemption is claimed by filing with the levying officer (not the court) an original and one copy of: • The official Claim of Exemption form (WG-006); and • A Financial Statement (WG-007). CCP §706.105(b).

(Code of Civil Procedure, § 706.023(a).) “Except as otherwise provided in this chapter: ¶ * * * (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.” (Code of Civil Procedure, § 706.023(b).)

(e) When earnings or periodic payments pursuant to a pension or retirement plan are assigned pursuant to subdivision (a), the amount of the earnings or the periodic payments assigned shall not exceed the amount that may be withheld from a like amount of earnings under Chapter 5 (commencing with Section 706.010) (Wage Garnishment Law).

s withholding order pursuant to CCP § 706.077(a).

Proc., § 706.109. A Court may also exempt earnings in an amount necessary for the support of the judgment debtor and his or her family. Code Civ. Proc., § 706.051, subd. (a). Kennedy says her monthly disposable earnings coupled with McInerney's disposable earnings are barely sufficient to cover their expenses. According to Kennedy's financial statement, the family has $10,748 in monthly expenses. Kennedy's claimed net monthly income is $12,373 and McInerney takes home $5,100.

(CCP § 706.105(d).) (This 10–day period is not extended where the claim of exemption was served by mail; see CCP § 684.310 and Comment to CCP § 706.105.).” Ahart, CAL. PRAC. GUIDE: ENFORCING JUDGMENTS AND DEBTS (The Rutter Group 2018) ¶ 6:1192. “In addition to timely filing the Notice of Opposition, the judgment creditor must file with the court within 10 days after the levying officer mailed the Notice of Claim of Exemption, a Notice of Motion for an Order Determining the Claim of Exemption.

California's wage garnishment law "limits the amount of earnings which may be garnished in satisfaction of a judgment...." California State Employee's Assn. v. State of California (1988) 198 Cal.App.3d 374, 377. Generally, a garnishment may not exceed 25 percent of a worker's "disposable earnings." 15 U.S.C. § 1673; Barnhill v. Robert Saunders & Co. (1981) 125 Cal.App.3d 1, 6.

(Code of Civil Procedure, § 706.023(a).) “Except as otherwise provided in this chapter: ¶ * * * (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.” (Code of Civil Procedure, § 706.023(b).)

Under CCP section 706.105 (a), “A judgment debtor may claim an exemption under Section 706.051...” Defendant is not yet a judgment debtor here. Moreover, the statute permits such a claim with respect to an “earnings withholding order,” which has not been issued or served here. CCP § 706.105(a)(1) and (2). The motion accordingly is denied.

CCP §§ 706.051, 706.105. These typically include housing, food, insurance, transportation, but must be evaluated on a case-by-case basis. J.J. MacIntyre Co. v. Duren (1981) 118 Cal.App.3d Supp. 16, 18. Based on the papers within this Court’s record, there is no reason to augment the prior garnishment order. Claim of exception granted in part. Creditor may garnish $75/month.

CCP § 706.051(b). Finally, it should be noted that the judgment debtor has the burden of proof. CCP § 703.580. The evidentiary support for a wage garnishment exemption is typically found in the required Financial Statement. The Financial Statement provides that Claimant is paid twice a month and her gross pay is $2,880 monthly, with a net monthly pay of $2,506. Claimant’s spouse grosses $1,100 monthly.

CCP § 706.051(b). Finally, it should be noted that the judgment debtor has the burden of proof. CCP § 703.580. The evidentiary support for a wage garnishment exemption is typically found in the required Financial Statement. The Financial Statement provides that Claimant is paid twice a month and her gross pay is $2,880 monthly, with a net monthly pay of $2,506. Claimant’s spouse grosses $1,100 monthly.

CCP § 706.051(b). Finally, it should be noted that the judgment debtor has the burden of proof. CCP § 703.580. The evidentiary support for a wage garnishment exemption is typically found in the required Financial Statement. The Financial Statement provides that Claimant is paid twice a month and her gross pay is $2,880 monthly, with a net monthly pay of $2,506. Claimant’s spouse grosses $1,100 monthly.

CCP § 706.051(b). Finally, it should be noted that the judgment debtor has the burden of proof. CCP § 703.580. The evidentiary support for a wage garnishment exemption is typically found in the required Financial Statement. The Financial Statement provides that Claimant is paid twice a month and her gross pay is $2,880 monthly, with a net monthly pay of $2,506. Claimant’s spouse grosses $1,100 monthly.

CCP § 706.051(b). Finally, it should be noted that the judgment debtor has the burden of proof. CCP § 703.580. The evidentiary support for a wage garnishment exemption is typically found in the required Financial Statement. The Financial Statement provides that Claimant is paid twice a month and her gross pay is $2,880 monthly, with a net monthly pay of $2,506. Claimant’s spouse grosses $1,100 monthly.

CCP § 706.051(b). Finally, it should be noted that the judgment debtor has the burden of proof. CCP § 703.580. The evidentiary support for a wage garnishment exemption is typically found in the required Financial Statement. The Financial Statement provides that Claimant is paid twice a month and her gross pay is $2,880 monthly, with a net monthly pay of $2,506. Claimant’s spouse grosses $1,100 monthly.

“Insofar as the attachment law and wage garnishment law reflect or establish public policy, it is obvious that they provide substantial protection for wages against both pretrial attachments and enforcement of judgments.

See CCP § 706.051(b). An exemption may be claimed only once, unless there has been a “material change in circumstances” (i.e., in the debtor's income or needs) during the withholding period. CCP § 706.105(a). Debtor claims mandatory monthly payroll deductions for federal and state withholding, FICA, and SDI in the amount of $722.32 and insurance in the amount of $265.50.

ANALYSIS Code of Civil Procedure section 706.051 provides in relevant part: 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. (Code Civ. Proc., § 706.051, subd (b).)

(e) When earnings or periodic payments pursuant to a pension or retirement plan are assigned pursuant to subdivision (a), the amount of the earnings or the periodic payments assigned shall not exceed the amount that may be withheld from a like amount of earnings under Chapter 5 (commencing with Section 706.010) (Wage Garnishment Law).

(e) When earnings or periodic payments pursuant to a pension or retirement plan are assigned pursuant to subdivision (a), the amount of the earnings or the periodic payments assigned shall not exceed the amount that may be withheld from a like amount of earnings under Chapter 5 (commencing with Section 706.010) (Wage Garnishment Law).

CCP § 706.023(c) provides that 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. (CCP § 706.023(c).) If a prior earnings withholding order is not in effect, this court will DENY the claim of exemption, in part, and order $25 be withheld per pay period.

CCP §§ 706.051, 706.105. These typically include housing, food, insurance, transportation, but must be evaluated on a case-by-case basis. J.J. MacIntyre Co. v. Duren (1981) 118 Cal.App.3d Supp. 16, 18. Debtor claims wages of roughly $3,500/month, with his allocable take home being $2,048.00. From there, he claims $2,350 in additional monthly expenses (rent, food, utilities, transportation). Debtor lives alone and has no dependents. Debtor also has much debt in credit cards and the like.

CCP §§ 706.051, 706.105. These typically include housing, food, insurance, transportation, but must be evaluated on a case-by-case basis. J.J. MacIntyre Co. v. Duren (1981) 118 Cal.App.3d Supp. 16, 18. Although the burden of proof lies with the party claiming the exemption, exemption statutes are generally construed in favor of the debtor. Kono v. Meeker (2011) 196 Cal.App.4th 81, 86.

Proc., § 706.104(b) and comment to § 706.023.)3 The claim of exemption is therefore moot as Plaintiff’s earnings withholding order is ineffective pursuant to Code of Civil Procedure section 706.023. 2 The Court takes judicial notice of the court records in that file. (Evid.

. § 706.010 et seq. Upon noticed motion, the Court may issue an earnings withholding order against the earnings of the spouse of a judgment debtor. Code Civ. Proc. § 706.109. C. The court reviewed Marriage of Bell (1996) 49 Cal.App.4th 300. There, it was the wife who embezzled large sums from her employer while the husband was ignorant of her scheme. The victim sued both the wife and the husband, and the resulting $150,000.00 settlement payment came from community funds. Id. at 302-03.

Proc., § 706.051(a), (b).) “Thus, under appropriate circumstances, an employee may be able to exempt all of his or her earnings from a nonsupport withholding order.” (Schwartz and Ahart, Cal. Practice Guide: Enforcing Judgments and Debts (The Rutter Group 2017) ¶ 6:1178, p. 6F-24.) There is no precise definition of what is “necessary” for the support of a judgment debtor or his or her family. “Necessary” expenses normally include housing costs, food, insurance, automobile costs, etc.

“When earnings or periodic payments pursuant to a pension or retirement plan are assigned pursuant to subdivision (a), the amount of the earnings or the periodic payments assigned shall not exceed the amount that may be withheld from a like amount of earnings under Chapter 5 (commencing with Section 706.010) (Wage Garnishment Law).” CCP § 708.510(e).

“(e) When earnings . . . are assigned pursuant to subdivision (a), the amount of the earnings . . . assigned shall not exceed the amount that may be withheld from a like amount of earnings under Chapter 5 (commencing with Section 706.010) (Wage Garnishment Law).

CCP § 706.051(b). There is a federal exemption as well. CCP § 706.050. The amount to be garnished may not exceed 1) 25% of disposable earnings for that week, or 2) the amount by which disposable earnings for that week exceed thirty times the Federal minimum hourly wage ($5.15 an hour), whichever is less. CCP § 706.050, 29 U.S.C.A. § 206(a)(1).

CCP §§ 706.051, 706.105. These typically include housing, food, insurance, transportation, but must be evaluated on a case-by-case basis. J.J. MacIntyre Co. v. Duren (1981) 118 Cal.App.3d Supp. 16, 18. Between the two, there is rarely much left over to support wage garnishment. According to plaintiff, counsel was “unable” to determine “if” debtor had any earnings but was able to determine that debtor is married and that his wife works at the Montage in Laguna Beach.

(e) When earnings or periodic payments pursuant to a pension or retirement plan are assigned pursuant to subdivision (a), the amount of the earnings or the periodic payments assigned shall not exceed the amount that may be withheld from a like amount of earnings under Chapter 5 (commencing with Section 706.010) (Wage Garnishment Law).

“When earnings or periodic payments pursuant to a pension or retirement plan are assigned pursuant to subdivision (a), the amount of the earnings or the periodic payments assigned shall not exceed the amount that may be withheld from a like amount of earnings under Chapter 5 (commencing with Section 706.010) (Wage Garnishment Law).” CCP § 708.510(e).

“When earnings or periodic payments pursuant to a pension or retirement plan are assigned pursuant to subdivision (a), the amount of the earnings or the periodic payments assigned shall not exceed the amount that may be withheld from a like amount of earnings under Chapter 5 (commencing with Section 706.010) (Wage Garnishment Law).” CCP § 708.510(e).

Paid earnings (a) As used in this section: (1) "Earnings withholding order" means an earnings withholding order under Chapter 5 (commencing with Section 706.010) (Wage Garnishment Law). (2) "Paid earnings" means earnings as defined in Section 706.011 that were paid to the employee during the 30-day period ending on the date of the levy.

Proc., § 706.023(c).) In this case, the Earnings Withholding Order from the EDD is dated June 26, 2017, so it is not clear whether this withholding order is still in place. The Court also notes that that the Benefit Overpayment Statement from the EDD is dated April 14, 2018, and does not show any reduction in the balance owed. Thus, it is unclear whether the EDD is currently garnishing Defendant’s wages.

Proc., § 706.023(c).) In this case, the Earnings Withholding Order from the EDD is dated June 26, 2017, so it is not clear whether this withholding order is still in place. The Court also notes that that the Benefit Overpayment Statement from the EDD is dated April 14, 2018, and does not show any reduction in the balance owed. Thus, it is unclear whether the EDD is currently garnishing Defendant’s wages.

Proc., § 706.023(c).) In this case, the Earnings Withholding Order from the EDD is dated June 26, 2017, so it is not clear whether this withholding order is still in place. The Court also notes that that the Benefit Overpayment Statement from the EDD is dated April 14, 2018, and does not show any reduction in the balance owed. Thus, it is unclear whether the EDD is currently garnishing Defendant’s wages.

CCP §706.023 states that a subsequent wage garnishment withholding order served on the same employer is ineffective and the employer cannot withhold earnings under the subsequent order. 3. Ms. Valencia states her gross monthly income is $3,030.58 and her "deductions" add up to $710.60.

Proc., § 706.105, subd. (e).) The judgment creditor must give written notice of the hearing to the levying officer at least 16 court days prior to the hearing. ( Code Civ. Proc., § 706.105, subd. (e); Code Civ. Proc., § 1005, subd. (b).) The judgment creditor must also serve a copy of the notice of opposition and notice of hearing at least 16 court days before the hearing on the judgment debtor at the address set forth in the claim of exemption. (Code Civ. Proc., § 706.105, subd. (e).)

. § 706.105. There is no notice of motion for an order determining claim of exemption; in addition to the filed notice of hearing. Code Civ. Proc. § 706.105(e). The notice of hearing must be Code Civ. Proc. §1005(b) compliant (i.e., 16 court days notice plus five calendar days if by mail.Code Civ. Proc. § 706.105(e). The 15 court days and zero calendar days notice here is inadequate. Grant claim of exemption. gmr

.”]; see also CCP 706.011, 706.020.) If the earnings are due to judgment debtor as an “employee,” then judgment creditor needs to obtain a writ of execution and apply for an earnings withholding order with the levying officer or a registered process server as set forth in the Wage Garnishment Law [WGL], and not the court. (Hart, et al., Rutter Group, CA Practice Guide: Enforcing Judgments and Debts, Ch. 6F-2, Sections 6:1103, 6:1107 et seq.; Ch. 6G-5, Section 6:1430.2.)

Proc., § 706.105, subd. (e).) The judgment creditor must give written notice of the hearing to the levying officer at least 16 court days prior to the hearing. (Code Civ. Proc., § 706.105, subd. (e); Code Civ. Proc., § 1005, subd. (b).) The judgment creditor must also serve a copy of the notice of opposition and notice of hearing at least 16 court days before the hearing on the judgment debtor at the address set forth in the claim of exemption. (Code Civ. Proc., § 706.105, subd. (e).)

OK to continue this hearing if Mr..Tinoco has documentation to show that this is a second withholding order and hence "ineffective" under CCP §706.023(c), or that he has another withholding order in effect - e.g. for support or state taxes - which has priority. 6. It is not proper for Mr..