Wage Garnishment exemption (small claims) | California Courts (2024)

FAQs

Can small claims court garnish wages California? ›

If you received an Earnings Withholding Order (form WG-002), the other side has a court order that says your work can take up to 20% of your paycheck to pay off the money you owe. This is called wage garnishment.

Some types of income are protected, or exempt, from a bank levy. For example, only 25% of your wages can be taken. Money from Social Security can't be taken at all. If protected money was taken, you must let the judgment creditor or debt collector know to get it back.

In California, an earnings withholding order carries the same force as a court order. If the employer fails to complete the memorandum of garnishee and withdraw the required wages from the debtor's paycheck, the creditor should immediately send a demand letter to the employer.

To stop wage garnishment, also called wage attachment, in California, you can file a Claim of Exemption with the levying officer (usually the sheriff) to protect a portion of your wages, negotiate a payment plan with your creditor, or, in more extreme cases, file for bankruptcy, which triggers an automatic stay on all ...

Act quickly to prevent wage garnishment

You can file a Claim of Exemption any time after wage garnishment has started, but you'll only get wages back from the time after you submit the claim. If you act quickly, you can stop it before it even starts. By law, your employer cannot fire you for a single wage garnishment.

In general, the limitation to garnish wages in the state is 10 years from the date of the judgment that allows the garnishment. However, some debts, such as taxes, student loans, child support, or alimony, do not have a statute of limitations and can be garnished indefinitely until the debt is paid off.

How do I stop a wage garnishment that has already started? ›

Wages may not be garnished by more than one creditor at a time unless the primary garnishment does not take the full 25% allowed by law. (These garnishment restrictions do not apply to certain bankruptcy court orders or debts due for federal or state taxes.)

File the Claim of Exemption

Take or mail the original and one copy to the Levying Officer identified in the upper right-hand corner of the Earnings Withholding Order (form WG-002). This is usually the sheriff. It may or may not be your local sheriff.

Can a debt collector access my bank account? Yes, a debt collector can take money that you owe them directly from your bank account, but they have to win a lawsuit first. This is known as garnishing. The debt collector would warn you before they begin a lawsuit.

There are no federal limits to the amount that can be taken in account garnishment. Your state may have laws that are more protective. Some sources of income are considered protected in account garnishment, including: Social Security, and other government benefits or payments.

If you do not pay the judgment, the judgment creditor can garnish or "seize" your property. The judgment creditor can get an order that tells the Sheriff to take your personal property, like the money in your bank account or your car, to pay the judgment.

If you do not pay or fill out and mail the Statement to the judgment creditor, you might be in contempt and be sanctioned by the court. This means a warrant for your arrest may be issued and you may have to pay penalties and attorney's fees.

Small claims basics

Generally, you can only sue for up to $12,500 in small claims court (or up to $6,250 if you're a business). You can ask a lawyer for advice before you go to court, but you can't have one with you in court.