SECTIONS 706.120-706.129 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 706.120-706.129

706.120. Except as provided in Section 706.081, the Judicial
Council shall prescribe the form of the applications, notices, claims
of exemption, orders, and other documents required by this chapter
as provided in Section 681.030, and only such forms may be used to
implement this chapter.

706.121. The "application for issuance of earnings withholding
order" shall be executed under oath and shall include all of the
following:
(a) The name, the last known address, and, if known, the social
security number of the judgment debtor.
(b) The name and address of the judgment creditor.
(c) The court where the judgment was entered and the date the
judgment was entered.
(d) The date of issuance of a writ of execution to the county
where the earnings withholding order is sought.
(e) The total amount required to satisfy the order on the date of
issuance (which may not exceed the amount required to satisfy the
writ of execution on the date of issuance of the order plus the
levying officer's statutory fee for service of the order).
(f) The name and address of the employer to whom the order will be
directed.
(g) The name and address of the person to whom the withheld money
is to be paid by the levying officer.

706.121. The "application for issuance of earnings withholding
order" shall be executed under oath and shall include all of the
following:
(a) The name, the last known address, and, if known, the social
security number of the judgment debtor.
(b) The name and address of the judgment creditor.
(c) The court where the judgment was entered and the date the
judgment was entered.
(d) Whether the judgment is based in whole or in part on a claim
for elder or dependent adult financial abuse and, if in part, how
much of the judgment arises from that claim.
(e) The date of issuance of a writ of execution to the county
where the earnings withholding order is sought.
(f) The total amount required to satisfy the order on the date of
issuance (which may not exceed the amount required to satisfy the
writ of execution on the date of issuance of the order plus the
levying officer's statutory fee for service of the order).
(g) The name and address of the employer to whom the order will be
directed.
(h) The name and address of the person to whom the withheld money
is to be paid by the levying officer.

706.122. The "notice to employee of earnings withholding order"
shall contain a statement that informs the employee in simple terms
of the nature of a wage garnishment, the right to an exemption, the
procedure for claiming an exemption, and any other information the
Judicial Council determines would be useful to the employee and
appropriate for inclusion in the notice, including all of the
following:
(a) The named employer has been ordered to withhold from the
earnings of the judgment debtor the amounts required to be withheld
under Section 706.050, or such other amounts as are specified in the
earnings withholding order, and to pay these amounts over to the
levying officer for transmittal to the person specified in the order
in payment of the judgment described in the order.
(b) The manner of computing the amounts required to be withheld
pursuant to Section 706.050.
(c) The judgment debtor may be able to keep more or all of the
judgment debtor's earnings if the judgment debtor proves that the
additional earnings are necessary for the support of the judgment
debtor or the judgment debtor's family supported in whole or in part
by the judgment debtor.
(d) If the judgment debtor wishes a court hearing to prove that
amounts should not be withheld from the judgment debtor's earnings
because they are necessary for the support of the judgment debtor or
the judgment debtor's family supported in whole or in part by the
judgment debtor, the judgment debtor shall file with the levying
officer an original and one copy of the "judgment debtor's claim of
exemption" and an original and one copy of the "judgment debtor's
financial statement." The notice shall also advise the judgment
debtor that the claim of exemption form and the financial statement
form may be obtained without charge at the office of the levying
officer.

706.123. The "judgment debtor's claim of exemption" shall be
executed under oath. The claim of exemption shall indicate how much
the judgment debtor believes should be withheld from the judgment
debtor's earnings each pay period by the employer pursuant to the
earnings withholding order and shall state the judgment debtor's
present mailing address.

706.124. The "judgment debtor's financial statement" shall be
executed as provided in Section 703.530 and contain all of the
information required by that section and the following additional
information:
(a) Whether any earnings withholding orders are in effect with
respect to the earnings of the judgment debtor or the spouse or
dependents of the judgment debtor.
(b) Whether any earnings assignment orders for support are in
effect with respect to the earnings of the judgment debtor or the
spouse or dependents of the judgment debtor.

706.125. The "earnings withholding order" shall include all of the
following:
(a) The name, address, and, if known, the social security number
of the judgment debtor.
(b) The name and address of the employer to whom the order is
directed.
(c) The court where the judgment was entered, the date the
judgment was entered, and the name of the judgment creditor.
(d) The date of issuance of the writ of execution to the county
where the earnings withholding order is sought.
(e) The total amount required to satisfy the order on the date of
issuance (which may not exceed the amount required to satisfy the
writ of execution on the date of issuance of the order plus the
levying officer's statutory fee for service of the order).
(f) A description of the withholding period and an order to the
employer to withhold from the earnings of the judgment debtor for
each pay period the amount required to be withheld under Section
706.050 or the amount specified in the order subject to Section
706.024, as the case may be, for the pay periods ending during the
withholding period.
(g) An order to the employer to pay over to the levying officer at
a specified address the amount required to be withheld and paid over
pursuant to the order in the manner and within the times provided by
law.
(h) An order that the employer fill out the "employer's return"
and return it by first-class mail, postage prepaid, to the levying
officer at a specified address within 15 days after service of the
earnings withholding order.
(i) An order that the employer deliver to the judgment debtor a
copy of the earnings withholding order and the "notice to employee of
earnings withholding order" within 10 days after service of the
earnings withholding order; but, 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.
(j) The name and address of the levying officer.

706.125. The "earnings withholding order" shall include all of the
following:
(a) The name, address, and, if known, the social security number
of the judgment debtor.
(b) The name and address of the employer to whom the order is
directed.
(c) The court where the judgment was entered, the date the
judgment was entered, and the name of the judgment creditor.
(d) Whether the judgment is based in whole or in part on a claim
for elder or dependent adult financial abuse and, if in part, how
much of the judgment arises from the claim.
(e) The date of issuance of the writ of execution to the county
where the earnings withholding order is sought.
(f) The total amount required to satisfy the order on the date of
issuance (which may not exceed the amount required to satisfy the
writ of execution on the date of issuance of the order plus the
levying officer's statutory fee for service of the order).
(g) A description of the withholding period and an order to the
employer to withhold from the earnings of the judgment debtor for
each pay period the amount required to be withheld under Section
706.050 or the amount specified in the order subject to Section
706.024, as the case may be, for the pay periods ending during the
withholding period.
(h) An order to the employer to pay over to the levying officer at
a specified address the amount required to be withheld and paid over
pursuant to the order in the manner and within the times provided by
law.
(i) An order that the employer fill out the "employer's return"
and return it by first-class mail, postage prepaid, to the levying
officer at a specified address within 15 days after service of the
earnings withholding order.
(j) An order that the employer deliver to the judgment debtor a
copy of the earnings withholding order and the "notice to employee of
earnings withholding order" within 10 days after service of the
earnings withholding order; but, 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 the delivery.
(k) The name and address of the levying officer.

706.126. (a) The "employer's return" shall be executed under oath.
The form for the return provided to the employer shall state all of
the following information:
(1) The name and address of the levying officer to whom the form
is to be returned.
(2) A direction that the form be mailed to the levying officer by
first-class mail, postage prepaid, no later than 15 days after the
date of service of the earnings withholding order.
(3) The name, the address, and, if known, the social security
number of the judgment debtor.
(b) In addition, the employer's return form shall require the
employer to supply all of the following information:
(1) The date the earnings withholding order was served on the
employer.
(2) Whether the judgment debtor is employed by the employer or
whether the employer otherwise owes earnings to the employee.
(3) If the judgment debtor is employed by the employer or the
employer otherwise owes earnings to the employee, the amount of the
employee's earnings for the last pay period and the length of this
pay period.
(4) Whether the employer was required on the date of service to
comply with an earlier earnings withholding order and, if so, the
name of the judgment creditor who secured the earlier order, the
levying officer who served such order, the date it was issued, the
date it was served, the expiration date of such order, and which of
the earnings withholding orders the employer is required to comply
with under the applicable statutory rules concerning the priority of
such orders.
(5) Whether the employer was required on the date of service to
comply with an earnings assignment order for support and, if so, the
court which issued such assignment order and the date it was issued
and any other information the Judicial Council determines is needed
to identify the order.
(6) The name and address of the person to whom notices to the
employer are to be sent.

706.127. (a) The Judicial Council shall prepare "employer's
instructions" for employers and revise or supplement these
instructions to reflect changes in the law or rules regulating the
withholding of earnings.
(b) Except to the extent that they are included in the forms
required to be provided by the employer to the levying officer, the
Judicial Council shall publish and provide to the levying officers
copies of the employer's instructions.

706.128. The "judgment creditor's notice of opposition to the claim
of exemption" shall be executed under oath and shall include all of
the following:
(a) The name, last known address, and, if known, the social
security number of the judgment debtor.
(b) The name and address of the judgment creditor.
(c) The date of mailing of the notice of claim of exemption.
(d) The amount of the judgment debtor's claim of exemption which
the judgment creditor claims is not exempt.
(e) The factual and legal grounds for the judgment creditor's
opposition to the claim of exemption.

706.129. The levying officer shall have copies of the forms for the
"judgment debtor's claim of exemption" and "judgment debtor's
financial statement" available at the levying officer's office for
distribution without charge to a person who desires to make a claim
of exemption under Section 706.051.