Wage garnishment is the gift that keeps on giving. Once the employer receives the order, they withhold money from every paycheck and send it directly to you until the judgment is paid in full.
Wage garnishment (officially called an "Earnings Withholding Order" or EWO) directs the debtor's employer to withhold a portion of their wages and pay it directly to the levying officer. Under CCP § 706.022, the employer becomes your involuntary collection agent.
Unlike a bank levy (which is a one-time snapshot), wage garnishment is ongoing. The order remains in effect until your judgment is satisfied, the debtor leaves that job, or the order is modified or terminated.
California limits wage garnishment to the lesser of:
"Disposable earnings" means gross pay minus required deductions (taxes, Social Security, Medicare, state disability). Voluntary deductions like 401k contributions don't count.
File Form EJ-130 for a writ directed to the debtor's county of employment.
Complete the Earnings Withholding Order (WG-001) with judgment details.
Give the writ and WG-001 to the sheriff with employer name and address.
Sheriff delivers order to employer's payroll department. Withholding begins.
| Form | Name | Filed With |
|---|---|---|
| EJ-130 | Writ of Execution | Court clerk |
| WG-001 | Earnings Withholding Order | Sheriff |
| WG-002 | Employer's Return | Employer returns to sheriff |
| WG-005 | Earnings Withholding Order for Taxes | State/IRS tax debts only |
Wage garnishment only works if you know where the debtor works. Here's how to find out:
Wage garnishment doesn't work for self-employed debtors or independent contractors - there's no employer to serve. For these debtors, use bank levies, assignment orders, or levy their business accounts receivable instead.
If the debtor leaves employment, the employer must notify the sheriff within 10 days using Form WG-002. The garnishment ends at that job. To continue collecting, you'll need to discover their new employer and serve a new earnings withholding order there. The good news: your judgment continues accruing 10% interest while they're between jobs.
Yes. The debtor can file a claim of exemption (Form WG-009) arguing they need more than 75% of their wages for basic necessities. Common grounds include:
If they file, you'll receive notice and can oppose the claim. A hearing will be held where the judge decides whether to reduce or eliminate the garnishment.
Garnishment priority rules under CCP § 706.023:
If another creditor is already garnishing and the combined amount would exceed the 25% limit, your order goes into a queue. You'll get paid when the first creditor is satisfied.
No. An employer who fails to withhold and remit wages as ordered can be held liable for the full amount that should have been withheld under CCP § 706.154. If an employer ignores the order, I can send a demand letter threatening employer liability, which usually gets their attention.
Timeline from filing to first payment:
Total: Expect 4-8 weeks from filing to first check, then ongoing payments each pay period.
I handle California wage garnishment from employer discovery through ongoing collection. Proper paperwork, employer liability letters, exemption hearings - professional enforcement.