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