A judgment creditor can take part of your paycheck — but California caps the bite hard, and the claim of exemption process can shrink it to zero based on your family’s needs.
What the Law Says
California limits garnishment to the lesser of 20 percent of disposable earnings or half the amount by which weekly disposable earnings exceed 40 times the state minimum wage — a formula gentler than the federal 25 percent. The claim of exemption under CCP section 706.105 reduces or eliminates withholding for income needed to support you and your family.
How to Handle It, Step by Step
- When the earnings withholding order hits, get the employer’s copy and note the levy date.
- File the claim of exemption with the levying officer promptly, with the financial statement form.
- Document necessities: rent, utilities, food, childcare, medical — the exemption runs on family need.
- Attend the hearing if the creditor opposes; bring your budget evidence.
- Recheck the math regardless — payroll departments frequently over-withhold against the formula.
Common Questions
Can I be fired for being garnished?
Not for a single judgment garnishment — retaliation for one garnishment is prohibited.
My income barely covers rent and food. Can withholding really go to zero?
Yes — where earnings are needed for basic family support, the exemption can eliminate the garnishment entirely, subject to the judge’s review of your budget.
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