SECTIONS 706.100-706.109 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 706.100-706.109

706.100. Notwithstanding any other provision of law, the Judicial
Council may provide by rule for the practice and procedure in
proceedings under this chapter except for the state's administrative
hearings provided by Article 4 (commencing with Section 706.070).

706.101. (a) An earnings withholding order shall be served by the
levying officer upon the employer by delivery of the order to any of
the following:
(1) The managing agent or person in charge, at the time of
service, of the branch or office where the employee works or the
office from which the employee is paid. In the case of a state
employee, the office from which the employee is paid does not include
the Controller's office unless the employee works directly for the
Controller's office.
(2) Any person to whom a copy of the summons and of the complaint
may be delivered to make service on the employer under Article 4
(commencing with Section 416.10) of Chapter 4 of Title 5.
(b) Service of an earnings withholding order shall be made by
personal delivery as provided in Section 415.10 or 415.20 or by
delivery by first-class mail, postage prepaid. When service is made
by first-class mail, service is complete at the time of receipt of
the earnings withholding order, as indicated in the employer's
return, or the date of mailing if the date of receipt is not
indicated on the employer's return. If the levying officer attempts
service by first-class mail under this subdivision and does not
receive the employer's return within 15 days from the date of
mailing, the levying officer shall make service as provided in
Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5.
For purposes of this section, "employer's return" refers to the
Judicial Council-issued form specified by Section 706.126.
(c) The state may issue an earnings withholding order directly,
without the use of a levying officer, for purposes of collecting
overpayments of unemployment compensation or disability benefits
pursuant to Article 4 (commencing with Section 1375) of Chapter 5 of
Part 1 of, and Article 5 (commencing with Section 2735) of Chapter 2
of Part 2 of, Division 1 of the Unemployment Insurance Code. The
earnings withholding order shall be served by registered or certified
mail, postage prepaid, with return receipt requested. Service is
deemed complete at the time the return receipt is executed by, or on
behalf of, the recipient. If the state does not receive a return
receipt within 15 days from the date of deposit in the mail of the
withholding order, the state shall refer the earnings withholding
order to a levying officer for service in accordance with subdivision
(b).
(d) Except as provided in subdivision (b) or (c), service of any
notice or document under this chapter may be made by first-class
mail, postage prepaid. If service is made on the employer after the
employer's return has been received by the levying officer, the
service shall be made by first-class mail, postage prepaid, on the
person designated in the employer's return to receive notices and at
the address indicated in the employer's return, whether or not that
address is within the county. This subdivision does not preclude
service by personal delivery (1) on the employer before the employer'
s return has been received by the levying officer or (2) on the
person designated in the employer's return after its receipt.
(e) Notwithstanding subdivision (b), if the judgment creditor so
requests, the levying officer shall make service of the earnings
withholding order by personal delivery as provided in Section 415.10
or 415.20.

706.102. (a) If a writ of execution has been issued to the county
where the judgment debtor's employer is to be served and the time
specified in subdivision (b) of Section 699.530 for levy on property
under the writ has not expired, a judgment creditor may apply for the
issuance of an earnings withholding order by filing an application
with a levying officer in such county who shall promptly issue an
earnings withholding order.
(b) This section does not apply where the earnings withholding
order is a withholding order for taxes.

706.103. (a) The levying officer shall serve upon the designated
employer all of the following:
(1) The original and one copy of the earnings withholding order.
(2) The form for the employer's return.
(3) The notice to employee of earnings withholding order.
(b) At the time the levying officer makes service pursuant to
subdivision (a), the levying officer shall provide the employer with
a copy of the employer's instructions referred to in Section 706.127.
The Judicial Council may adopt rules prescribing the circumstances
when compliance with this subdivision is not required.
(c) No earnings withholding order shall be served upon the
employer after the time specified in subdivision (b) of Section
699.530.

706.104. Any employer who is served with an earnings withholding
order shall:
(a) Deliver to the judgment debtor a copy of the earnings
withholding order and the notice to employee of earnings withholding
within 10 days from the date of service. If the judgment debtor is no
longer employed by the employer and the employer does not owe the
employee any earnings, the employer is not required to make such
delivery. The employer is not subject to any civil liability for
failure to comply with this subdivision. Nothing in this subdivision
limits the power of a court to hold the employer in contempt of court
for failure to comply with this subdivision.
(b) Complete the employer's return on the form provided by the
levying officer and mail it by first-class mail, postage prepaid, to
the levying officer within 15 days from the date of service. If the
earnings withholding order is ineffective, the employer shall state
in the employer's return that the order will not be complied with for
this reason and shall return the order to the levying officer with
the employer's return.

706.105. (a) A judgment debtor may claim an exemption under Section
706.051 under either of the following circumstances:
(1) No prior hearing has been held with respect to the earnings
withholding order.
(2) There has been a material change in circumstances since the
time of the last prior hearing on the earnings withholding order.
(b) A claim of exemption shall be made by filing with the levying
officer an original and one copy of (1) the judgment debtor's claim
of exemption and (2) the judgment debtor's financial statement.
(c) Upon filing of the claim of exemption, the levying officer
shall promptly send to the judgment creditor, at the address stated
in the application for the earnings withholding order, by first-class
mail, postage prepaid, all of the following:
(1) A copy of the claim of exemption.
(2) A copy of the financial statement.
(3) A notice of claim of exemption. The notice shall state that
the claim of exemption has been filed and that the earnings
withholding order will be terminated, or modified to reflect the
amount of earnings claimed to be exempt in the claim of exemption,
unless a notice of opposition to the claim of exemption is filed with
the levying officer by the judgment creditor within 10 days after
the date of the mailing of the notice of claim of exemption.
(d) A judgment creditor who desires to contest a claim of
exemption shall, within 10 days after the date of the mailing of the
notice of claim of exemption, file with the levying officer a notice
of opposition to the claim of exemption.
(e) If a notice of opposition to the claim of exemption is filed
with the levying officer within the 10-day period, the judgment
creditor is entitled to a hearing on the claim of exemption. If the
judgment creditor desires a hearing on the claim of exemption, the
judgment creditor shall file a notice of motion for an order
determining the claim of exemption with the court within 10 days
after the date the levying officer mailed the notice of claim of
exemption. If the notice of motion is so filed, the hearing on the
motion shall be held not later than 30 days from the date the notice
of motion was filed unless continued by the court for good cause. At
the time prescribed by subdivision (b) of Section 1005, the judgment
creditor shall give written notice of the hearing to the levying
officer and shall serve a notice of the hearing and a copy of the
notice of opposition to the claim of exemption on the judgment debtor
and, if the claim of exemption so requested, on the attorney for the
judgment debtor. Service is deemed made when the notice of the
hearing and a copy of the notice of opposition to the claim of
exemption are deposited in the mail, postage prepaid, addressed to
the judgment debtor at the address stated in the claim of exemption
and, if service on the attorney for the judgment debtor was requested
in the claim of exemption, to the attorney at the address stated in
the claim of exemption. The judgment creditor shall file proof of the
service with the court. 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.
(f) If the levying officer does not receive a notice of opposition
to the claim of exemption within the 10-day period after the date of
mailing of the notice of claim of exemption and a notice of the
hearing not later than 10 days after the filing of the notice of
opposition to the claim of exemption, the levying officer shall serve
on the employer one of the following:
(1) A notice that the earnings withholding order has been
terminated if all of the judgment debtor's earnings were claimed to
be exempt.
(2) A modified earnings withholding order that reflects the amount
of earnings claimed to be exempt in the claim of exemption if only a
portion of the judgment debtor's earnings was claimed to be exempt.
(g) If, after hearing, the court orders that the earnings
withholding order be modified or terminated, the clerk shall promptly
transmit a certified copy of the order to the levying officer who
shall promptly serve on the employer of the judgment debtor (1) a
copy of the modified earnings withholding order or (2) a notice that
the earnings withholding order has been terminated. The court may
order that the earnings withholding order be terminated as of a date
that precedes the date of hearing. If the court determines that any
amount withheld pursuant to the earnings withholding order shall be
paid to the judgment debtor, the court shall make an order directing
the person who holds that amount to pay it promptly to the judgment
debtor.
(h) If the earnings withholding order is terminated by the court,
unless the court otherwise orders or unless there is a material
change of circumstances since the time of the last prior hearing on
the earnings withholding order, the judgment creditor may not apply
for another earnings withholding order directed to the same employer
with respect to the same judgment debtor for a period of 100 days
following the date of service of the earnings withholding order or 60
days after the date of the termination of the order, whichever is
later.
(i) If an employer has withheld and paid over amounts pursuant to
an earnings withholding order after the date of termination of the
order but prior to the receipt of notice of its termination, the
judgment debtor may recover those amounts only from the levying
officer if the levying officer still holds those amounts or, if those
amounts have been paid over to the judgment creditor, from the
judgment creditor. If the employer has withheld amounts pursuant to
an earnings withholding order after termination of the order but has
not paid over those amounts to the levying officer, the employer
shall promptly pay those amounts to the judgment debtor.
(j) An appeal lies from any court order under this section denying
a claim of exemption or modifying or terminating an earnings
withholding order. An appeal by the judgment creditor from an order
modifying or terminating the earnings withholding order does not stay
the order from which the appeal is taken. Notwithstanding the
appeal, until the order modifying or terminating the earnings
withholding order is set aside or modified, the order allowing the
claim of exemption in whole or in part shall be given the same effect
as if the appeal had not been taken.
(k) This section does not apply to a withholding order for support
or a withholding order for taxes.

706.106. No findings are required in court proceedings under this
chapter.

706.108. (a) If a writ of execution has been issued to the county
where the judgment debtor's employer is to be served and the time
specified in subdivision (b) of Section 699.530 for levy on property
under the writ has not expired, a judgment creditor may deliver an
application for issuance of an earnings withholding order to a
registered process server who may then issue an earnings withholding
order.
(b) If the registered process server has issued the earnings
withholding order, the registered process server, before serving the
earnings withholding order, shall deposit with the levying officer a
copy of the writ of execution, the application for issuance of an
earnings withholding order, and a copy of the earnings withholding
order, and shall pay the fee provided by Section 26750 of the
Government Code.
(c) A registered process server may serve an earnings withholding
order on an employer whether the earnings withholding order was
issued by a levying officer or by a registered process server, but no
earnings withholding order may be served after the time specified in
subdivision (b) of Section 699.530. In performing this function, the
registered process server shall serve upon the designated employer
all of the following:
(1) The original and one copy of the earnings withholding order.
(2) The form for the employer's return.
(3) The notice to the employee of the earnings withholding order.
(4) A copy of the employer's instructions referred to in Section
706.127, except as otherwise prescribed in rules adopted by the
Judicial Council.
(d) Within five court days after service under this section, all
of the following shall be filed with the levying officer:
(1) The writ of execution, if it is not already in the hands of
the levying officer.
(2) Proof of service on the employer of the papers listed in
subdivision (c).
(3) Instructions in writing, as required by the provisions of
Section 687.010.
(e) If the fee provided by Section 26750 of the Government Code
has been paid, the levying officer shall perform all other duties
required by this chapter as if the levying officer had served the
earnings withholding order. If the registered process server does not
comply with subdivisions (b), where applicable, and (d), the service
of the earnings withholding order is ineffective and the levying
officer is not required to perform any duties under the order and may
terminate the order and may release any withheld earnings to the
judgment debtor.
(f) The fee for services of a registered process server under this
section shall be allowed as a recoverable cost pursuant to Section
1033.5.

706.109. An earnings withholding order may not be issued against
the earnings of the spouse of the judgment debtor except by court
order upon noticed motion.