Court Document
Required
Original Writ of Execution (Money Judgment) (form EJ-130) plus one copy

Application for Earnings Withholding Order (form
982.5(1))

Application for Issuance of Writ of Execution (support writ only)
Purpose of Process
The employer is required to remit up to 25% of the debtor’s wages to the Process
Server for payment to the creditor. If the writ of execution is for support, the
amount withheld is 50%.
Process Server's
Instructions
None. The Application for Earnings Withholding Order is required instead.
Manner of Service
The Process Server will serve the Earnings Withholding Order by certified mail
unless the Application For Earnings Withholding Order specifies personal service. If
the certified mail receipt is not received from the employer within 15 days after
mailing, the Process Server will attempt personal service. The vast majority of
withholding orders are successfully served by mail.
Time for Service
The Earnings Withholding Order remains in effect for 10 years and must be served no later than 180 days after
the issuance of the Writ of Execution. If for support, the withholding order remains in effect until it is paid in
full.
Fee Deposit
$46.20 to start.
Fee
$46.20 to start if served, not found or canceled.
Proof of Service
A proof of service is not issued. Instead, a return detailing the Process
Server’s actions is prepared which accompanies the writ when it is returned to the
court. However, a copy of the Employer’s Return is mailed to the creditor upon
receipt by the Process Server.
Information Guide

An Earnings Withholding Order (wage garnishment) requires an employer to withhold and remit up to 25% of the debtor’
s disposable earnings (net income) to the Process Server for payment to the creditor. The withholding amount is 50% if
the writ is for spousal or child support. The Earnings Withholding Order remains in effect for 10 years or indefinitely (if
for support) until the judgment is paid, the debtor ceases to work for that employer, a higher priority Earnings
Withholding Order takes effect (such as an Earnings Withholding Order for child support) or the Order is terminated by
operation of law (court order or failure to file Opposition to Claim of Exemption.) If the earnings withholding order is
not for spousal or child support, the debtor may file a claim of exemption with the Process Server in an attempt to
terminate the wage garnishment or to reduce the withholding amount. The Process Server will mail a copy of any claim
of exemption and instructions on how to oppose the claim to the creditor. The wages of a spouse not listed as a debtor
on the writ of execution may only be garnished pursuant to a court order.

An Earnings Withholding Order should be used to levy on monies earned by the debtor for personal services rendered
(whether called wages, salary, commissions, bonuses, or anything else.)

The Earnings Withholding Order includes a warning to the employer stating, "It is illegal not to pay amounts withheld for
the Earnings Withholding Order to the levying officer. Your duty is to pay the money to the levying officer who will pay
the money in accordance with the laws that apply to this case. If you violate any of these laws, you may be held liable to
pay civil damages and you may be subject to criminal prosecution." The Process Server’s responsibilities are limited to
serving the earnings withholding order and receiving and disbursing collected monies. The Process Server cannot call or
otherwise attempt to compel an employer to comply with the wage garnishment.
CCP 708.21 et seq. provides for a
creditor’s lawsuit.
CCP 708.120 provides for an order to examine the records of the employer.
Checklist

  • Fee deposit of $46.20
  • Original Writ of Execution (Money Judgment)
  • Original Application for Earnings Withholding
    order
  • Copy of Application for Issuance of Writ of
    Execution (support writ only)
  • Submit to the Process Server no later than 160
    days after issuance of the Writ of Execution


All U.S. States are accepted  for  process
server service within California.
EARNINGS WITHHOLDING ORDER (WAGE GARNISHMENT) $46.20
T. (213) 725-7969
E. 3499dm@gmail.com
M. 1605 S. Hoover ST. # 103 Los Angeles, CA 90006