Wage Garnishment Exemptions California: What Creditors and Debtors Need to Know

How Wage Garnishment Works After a California Small Claims Judgment

Once the 30-day enforcement stay expires on your California small claims judgment, wage garnishment becomes one of the most reliable collection tools available. The process runs through the county sheriff, not through you directly, and it creates a continuous withholding order against the debtor's paycheck until the judgment is satisfied or the writ expires.

The formal name for the garnishment order is an Earnings Withholding Order (EWO), issued on Form WG-002. Getting one requires a Writ of Execution (Form EJ-130) from the court clerk — the $40 filing fee is recoverable as an enforcement cost through Form MC-012.

Here's the sequence: you file Form WG-001 (Application for Earnings Withholding Order) with the county sheriff, along with the original writ. The sheriff issues Form WG-002 and serves it directly on the debtor's employer. The employer then has 10 calendar days to deliver a copy of the order plus Form WG-003 (Employee Instructions) to the debtor. Withholding begins from the first pay period ending at least 10 days after service.

California's Garnishment Limits Under CCP § 706.050

California caps how much of a debtor's paycheck can be garnished. For each workweek, the employer withholds the lesser of two amounts:

• 20% of disposable earnings for that workweek, or
• 40% of the amount by which disposable earnings for that workweek exceed 48 times the applicable minimum wage

Disposable earnings means gross pay minus mandatory deductions — federal and state income tax, Social Security, Medicare, State Disability Insurance, and required retirement contributions. Voluntary deductions like 401(k) contributions, union dues, and health insurance premiums are not subtracted from the calculation.

Worked Example at California's $16.90/Hour State Minimum Wage

The 48× weekly threshold at $16.90/hour equals $811.20. For someone earning $1,200 per week in disposable income:

• 20% of $1,200 = $240
• 40% of ($1,200 − $811.20) = 40% of $388.80 = $155.52

The employer withholds the lesser amount: $155.52 per week. For a debtor earning closer to minimum wage, the 40% calculation drops fast and can reach zero, meaning lower-income debtors keep their entire paycheck.

Local minimum wages in cities like Los Angeles, San Francisco, and San Jose run higher than the state rate, which raises the exempt threshold and reduces what you collect per paycheck. The calculation uses whichever minimum wage — state or local — applies to the debtor's work location.

Forms You Need for California Wage Garnishment

The complete sheriff packet for a wage garnishment includes:

If you're enforcing a judgment for personal debt — which covers most small claims cases between individuals — you must also file Form WG-015 or EJ-135, a declaration confirming the debtor's address. Submit this to the sheriff and file the original with the court within 10 business days. Missing this form is one of the most common reasons sheriffs reject garnishment packets.

What Happens When the Debtor Claims an Exemption

After the employer gives the debtor a copy of the order, the debtor can file a Claim of Exemption (Form WG-006) arguing that the garnishment causes undue hardship. If that happens, the sheriff forwards the claim to you. You then have 10 days to respond using the wage-garnishment opposition process (Forms WG-009 and WG-010/EJ-175). Missing that deadline means the garnishment is automatically reduced or released.

The court hearing weighs factors like the debtor's household size, essential expenses, and whether the garnishment would push them below a basic standard of living. Judges can reduce the withholding percentage or eliminate it entirely.

How Long Garnishment Continues

An earnings withholding order stays active until one of three things happens: the judgment is paid in full, the writ of execution expires (180 days from issuance), or the court orders the garnishment stopped. If the writ expires before the judgment is satisfied, you request a new one and start the process again.

Each payment the employer withholds goes to the levying officer, who distributes it to you after deducting any administrative fees. The employer tracks withholding on Form WG-005 (Employer's Return).

For a complete walkthrough of the wage garnishment process alongside bank levies, property liens, and debtor examinations, the California Small Claims Judgment Collection Guide covers each enforcement tool with the exact forms and sheriff instructions you need.

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