California wage garnishment

[easy619]

I have a few questions. Does plaintiff have to wait any amount of time before filing a writ of execution for wage (or other) garnishment? Do they have to send you a request for debtors statement of finances first?

 

Also, I've seen both. Which is the correct formula for california?

 

creditors are allowed to garnish the lesser of:

• 25% of your disposable earnings, or
• the amount by which your weekly disposable earnings exceed 40 times the state hourly minimum wage (which is currently $8.00 per hour, but may increase in 2014). 

 

or  is it lesser of 25% or the amount by which your weekly disposable earnings exceed 30 hours time 7.25 (federal minimum wage)

 

 

 

Just trying to get a grip on what I'm facing while I ponder appeal. Thanks in advance for any answers. 

 

[1stStep]

If you filed an appeal, I don't think they can garnish... 

[easy619]

I haven't yet, still deciding if I can put together a strong enough record of the trial to have a chance at appeal. Just wondering about wage garnishment.

[1stStep]

From my understanding, they can garnish after receiving a writ...

[Clydesmom]

I haven't yet, still deciding if I can put together a strong enough record of the trial to have a chance at appeal. Just wondering about wage garnishment.

 

Don't ponder too long.  The time limit to appeal in most states is a little as 30 days.  In one state you only have 10 days to file the notice of appeal.  Once that time limit expires you are barred from appealing and the judgment is etched in stone.

[OLSkER]

easy, it appears to be the former of the two you listed.  you probably know this but you can claim exemptions that will reduce the amount of "disposable income" they can go after.  that's in this section: CODE OF CIVIL PROCEDURE 

SECTION 706.120-706.129

 

 

here's where i found info about the garnishment:

 

CODE OF CIVIL PROCEDURE 
SECTION 706.050-706.052 

 

706.050. (a) Except as otherwise provided in this chapter, the
maximum amount of disposable earnings of an individual judgment
debtor for any workweek that is subject to levy under an earnings
withholding order shall not exceed the lesser of the following:
(1) Twenty-five percent of the individual's disposable earnings
for that week.
(2) The amount by which the individual's disposable earnings for
that week exceed 40 times the state minimum hourly wage in effect at
the time the earnings are payable.
( For any pay period other than weekly, the following
multipliers shall be used to determine the maximum amount of
disposable earnings subject to levy under an earnings withholding
order that is proportional in effect to the calculation described in
paragraph (2) of subdivision (a), except as specified in paragraph
(1):
(1) For a daily pay period, the amounts shall be identical to the
amounts described in subdivision (a).
(2) For a biweekly pay period, multiply the state hourly minimum
wage by 80 work hours.
(3) For a semimonthly pay period, multiply the state hourly
minimum wage by 86 2/3 work hours.
(4) For a monthly pay period, multiply the state hourly minimum
wage by 173 1/3 work hours.



706.051. (a) For the purposes of this section, "family of the
judgment debtor" includes the spouse or former spouse of the judgment
debtor.
( Except as provided in subdivision ©, the portion of the
judgment debtor's earnings that the judgment debtor proves is
necessary for the support of the judgment debtor or the judgment
debtor's family supported in whole or in part by the judgment debtor
is exempt from levy under this chapter.
© The exemption provided in subdivision ( is not available if
any of the following exceptions applies:
(1) The debt was incurred pursuant to an order or award for the
payment of attorney's fees under Section 2030, 3121, or 3557 of the
Family Code.
(2) The debt was incurred for personal services rendered by an
employee or former employee of the judgment debtor.
(3) The order is a withholding order for support under Section
706.030.
(4) The order is one governed by Article 4 (commencing with
Section 706.070) (state tax order).



706.052. (a) Except as provided in subdivision (, one-half of the
disposable earnings (as defined by Section 1672 of Title 15 of the
United States Code) of the judgment debtor, plus any amount withheld
from the judgment debtor's earnings pursuant to any earnings
assignment order for support, is exempt from levy under this chapter
where the earnings withholding order is a withholding order for
support under Section 706.030.
( Except as provided in subdivision ©, upon motion of any
interested party, the court shall make an equitable division of the
judgment debtor's earnings that takes into account the needs of all
the persons the judgment debtor is required to support and shall
effectuate such division by an order determining the amount to be
withheld from the judgment debtor's earnings pursuant to the
withholding order for support.
© An order made under subdivision ( may not authorize the
withholding of an amount in excess of the amount that may be withheld
for support under federal law under Section 1673 of Title 15 of the
United States Code.
 

 

[easy619]

Olsker, I couldn't seem to find that in the code, thanks for posting. I was fairly sure it was that formula, but wanted to see it in writing.