Comments on Legal Tips & Commentary: Wage Garnishment Procedures in California

Hi I received an earnings withholding from an ex l...

2011-12-11T13:13:33.415-08:00

Hi I received an earnings withholding from an ex landlord. I never knew I had a case against me. I filed a claim exemption in December 2010 to the sherries office telling them to withhold nothing. They got no response from the ex landlord in ten days so the sent Hr a letter saying do not withhold anything void the other form sent. Now a year later I have the a with holding order AGAIN? Can they do that? Since they didn't respond ? I'm in California. Thank You for the help.

I won a money judgement against my tenant. I tried...

2011-07-28T17:33:11.449-07:00

I won a money judgement against my tenant. I tried to submit a application for ewo to the Sheriff's in LA, CA. Clerks won't accept it because they are saying it has a different county and out of state address on the EWO than the writ. The tenant lives and works in the county where the writ was issued but the corporate office is out of state that accepts and processes writs and ewos.
So, now what ? Do I hire a process server, paralegal, attorney ? I am getting conflicting info. The clerks at the civil office are saying I need someone with an LA address that is an agent in service. The corporation is saying it will garnish once I have the EWO with the levying officer file # and to take it to a local sheriff station in my area. How much should this cost ?

i dont know yet exactly what the law is but i thin...

2010-12-09T00:43:18.513-08:00

i dont know yet exactly what the law is but i think my employer had ten days to inform me of the garnishment. but i was not notified until the other day. which made it over a month. i was never notified. i found out when my check was short 800.00 dollars. the lady at the payroll can get into trouble for not notifying me . am i correct in that?

I have a judgement against me. I understand I can...

2010-12-07T12:12:29.844-08:00

I have a judgement against me. I understand I can volunteer to have my employeer deduct a desired amount and pay my debt to prevent a wage garnishment form happening. Is this true? If so can I set the amount for less than the 25% maximum restrictions?

I started collecting from the debtor for an unlawf...

2010-10-19T19:00:40.641-07:00

I started collecting from the debtor for an unlawful detainer judgement and then she stopped making payments. Can I start with the wage garnishment process now even though I've collected from her directly?

I represent myself in a complex contested divorse ...

2010-05-31T16:04:30.912-07:00

I represent myself in a complex contested divorse in California. I just received an Income Withholding for Support Order (IWO) ordering my husband's employer to withdraw current and past-due child and spousal support from his paychecks. He currently has a garnishment for attorney fees. The child support garnishment has priority by law, but it may have to replace all or part of the other garnishment. Any advise for making sure that the HR Dept of his company complies with the order and takes it seriously (as I'm not represented by an attorney). Must the IWO be served on the employer or is certified mail sufficient? Should it be accompanied by a letter citing the law? Any suggestions to make sure that it is complied with quickly and taken seriously?

My ex is supposed to pay me $400/month on the 7th ...

2010-05-10T16:43:47.929-07:00

My ex is supposed to pay me $400/month on the 7th of each month. Today is only the 10th...do i have to wait for a certain amount of time to pass before filing a writ of execution? Also, I know he has money in a retirement acct, instead of wage garnishments can I get the full amount of the judgement from that account?

I have an order of income withholding as a private...

2010-04-24T08:57:52.382-07:00

I have an order of income withholding as a private withholding oder payable diretly into plantifs bgank account. Does this include if no wages are attachable, ones private holdings such as bank accounts, tax refunds, house etc.?

I read here that only 25% can be withheld from a p...

2010-04-01T17:51:02.016-07:00

I read here that only 25% can be withheld from a paycheck, I live in California. I have some creditors coming after me, but I have been unemployed now for several months. Wehn I reestablish a good job, it means only 25% total, not per creditor, right? Because I owe more than one company, I want to repay everything when I am able, but I cant have multiple creditors each asking for 25%

The debtor's only income is a pension and soci...

2010-03-05T10:46:36.466-08:00

The debtor's only income is a pension and social security. Can a wage garnishment be levied against him for those funds? If not, can a portion of his checking account be siezed?

I received notice from a Georgia Court that my Cal...

2010-01-19T02:20:12.784-08:00

I received notice from a Georgia Court that my California wages were being garnished for association fees. The creditor did not file in California where I live and work, albeit I own a house there in Georgia. Disney is the Parent Company of ABC TV in Hollywood where I work, and Disney conducts business in Georgia, but not ABC TV. Disney Worldwide Payroll is the payor. Is this Georgia Court garnishment legal in California? I thought a judgement would have to be obtained in a Calif Court also.

I want to get an earnings witholding order for the...

2010-01-08T19:55:22.756-08:00

I want to get an earnings witholding order for the spouse of the debtor since she is the one working currently. I am in LA county. I used small claims form SC 105 to request permission to obtain the EWO and a hearing was set. I am unsure of what will occur in the hearing. Are there only certain instances in which the judge will allow this? What can I expect to be asked? I don't want to be denied due to my unpreparedness and lack of familiarity with proper court protocol.

wage garnishment and how to is it best to hire an ...

2009-11-22T18:45:15.616-08:00

wage garnishment and how to is it best to hire an attorney to make sure the paperwork is filed correctly and can I add those attorney fees to the amount owed in the garnishment

I have an EWO for child support that includes add ...

2009-11-16T13:25:48.412-08:00

I have an EWO for child support that includes add ons for the non custodial party's half of childcare as well as payment towards his substantial support arrearage. The total amount of withholding calculates to more than 50% of disposable income. Is there anything that can be done through the court to have the employer increase the percentage beyond 50% considering this person lives at home with mom and has no dependants other than himself?

I have a Writ of Execution issued by County of Ple...

2009-10-15T14:55:33.362-07:00

I have a Writ of Execution issued by County of Pleasanton Superior Court as Unlawful Detainer complaint. The judgement debtor works at a company in San Francisco. Where should I file the Earnings Withholding Order? Pleasanton (Alameda County) or San Francisco? Your answer will be greatly appreciated.

I had a creditor send and EWO to my employer who d...

2009-09-29T12:39:31.575-07:00

I had a creditor send and EWO to my employer who denied the garnishment because I am already having my salry garnished for child support. Do I still submit an exemption? Will the creditor come after my employer or me?

I got sued by a credit card company back in Michig...

2009-09-08T20:02:04.400-07:00

I got sued by a credit card company back in Michigan and now have become a resident of San Diego. My employer has just received a garnishment order on 8/21/09 and they will start to garnish my wages on Sep/15 which is only in 8 days. The judgement is from Michigan, not California, can they garnish here without oging through the CA courts to validate the garnishment?
Thank you!

I have a judgment against me for a specific amount...

2009-08-06T10:32:48.877-07:00

I have a judgment against me for a specific amount (with regard to rent). However, after the judgment, the landlord did not return my deposit and added a lot of other charges. He then filed a Writ and served it on my employer. I don't object to the landlord collecting what is owed, but how can I get the writ modified to reflect the proper amount owed and giving me credit for my deposit? I'm in California.

A bank has a judgment against me in California. I...

2009-06-04T20:06:21.423-07:00

A bank has a judgment against me in California. I am on Social Security Disability, can they collect a judgment from Social Security and/or can they freeze my bank account and take money from bank account (I've heard you have to make more than $2,000 or so to take money from your bank account). WHat are the laws and if so, what can I do to stop them?

I have a money judgment against an employee in Cal...

2009-05-06T11:19:00.000-07:00

I have a money judgment against an employee in California, but the employee gets paid from an employer out of the State of California. Do I just send the EWO to the employer out of state or is there a form I must fill out?

I am attempting to garnish a friends wages for a ...

2009-04-30T18:17:00.000-07:00

I am attempting to garnish a friends wages for a past due debt.I have had her served & today she called me and wants to meet to work out a payment plan after ten months.She mentioned bankruptcy to me...Can she file now and wipe out my judgement against her?

i finished paying off my wage granishment last nov...

2009-02-08T01:47:00.000-08:00

i finished paying off my wage granishment last nov. now the sheriff levy offices are granishing me saying i owe them 500.00 for thier prossecing fees. is this right ? is there anything i can do about this ?? please help !! rialto,ca & they never sent me notifcation on it ethier. this week my paystub had $51.00 taken from it.

If your former employer files the write paperwork ...

2009-02-01T21:32:00.000-08:00

If your former employer files the write paperwork with the court, he can apply your judgment as a payment on what you owe him. It is unusual, but legally possible.

I recently won a wage claim against my former empl...

2009-02-01T13:48:00.000-08:00

I recently won a wage claim against my former employer for 1,500 the problem is he was also my former landlord and has an eviction judgement against me for 6,000 and has now filed to have my wage claim deducted from that can he do this

i am in the state of CA. i would like to know, can...

2009-01-09T20:55:00.000-08:00

i am in the state of CA. i would like to know, can you have two court ordered wage garnishments at the same time? if so, is it 25% total or 25% each garnishment for a total of 50% of my wages? thank you