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Code of Civil Procedure - CCP - CCP § 706.104

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 706.104

Any employer who is served with an earnings withholding order shall: (a) Deliver to the judgment debtor a copy of the earnings withholding order, the notice to employee of earnings withholding, a copy of the form that the judgment debtor may use to make a claim of exemption, and

Code of Civil Procedure - CCP - CCP § 706.105

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 706.105

(a) A judgment debtor may claim an exemption under Section 706.051 under either of the following circumstances: (1) No prior hearing has been held with respect to the earnings withholding order. (2) There has been a material change in circumstances since the time of the last prio

Code of Civil Procedure - CCP - CCP § 706.106

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 706.106

No findings are required in court proceedings under this chapter.

Code of Civil Procedure - CCP - CCP § 706.108

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 706.108

(a) If a writ of execution has been issued to the county where the judgment debtor’s employer is to be served and the time specified in subdivision (b) of Section 699.530 for levy on property under the writ has not expired, a judgment creditor may deliver an application for issua

Code of Civil Procedure - CCP - CCP § 706.109

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 706.109

An earnings withholding order may not be issued against the earnings of the spouse of the judgment debtor except by court order upon noticed motion.

Code of Civil Procedure - CCP - CCP § 706.120

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 706.120

Except as provided in Section 706.081, the Judicial Council shall prescribe the form of the applications, notices, claims of exemption, orders, and other documents required by this chapter as provided in Section 681.030, and only such forms may be used to implement this chapter.

Code of Civil Procedure - CCP - CCP § 706.121

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 706.121

The “application for issuance of earnings withholding order” shall be executed under oath and shall include all of the following: (a) The name, the last known address, and, if known, the social security number of the judgment debtor. (b) The name and address of the judgment credi

Code of Civil Procedure - CCP - CCP § 706.122

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 706.122

The “notice to employee of earnings withholding order” shall contain a statement that informs the employee in simple terms of the nature of a wage garnishment, the right to an exemption, the procedure for claiming an exemption, and any other information the Judicial Council deter

Code of Civil Procedure - CCP - CCP § 706.123

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 706.123

The “judgment debtor’s claim of exemption” shall be executed under oath. The claim of exemption shall indicate how much the judgment debtor believes should be withheld from the judgment debtor’s earnings each pay period by the employer pursuant to the earnings withholding order a

Code of Civil Procedure - CCP - CCP § 706.124

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 706.124

The “judgment debtor’s financial statement” shall be executed as provided in Section 703.530 and contain all of the information required by that section and the following additional information: (a) Whether any earnings withholding orders are in effect with respect to the earning

Code of Civil Procedure - CCP - CCP § 706.125

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 706.125

The “earnings withholding order” shall include all of the following: (a) The name, address, and, if known, the social security number of the judgment debtor. (b) The name and address of the employer to whom the order is directed. (c) The court where the judgment was entered, the

Code of Civil Procedure - CCP - CCP § 706.126

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 706.126

(a) The “employer’s return” shall be executed under oath. The form for the return provided to the employer shall state all of the following information: (1) The name and address of the levying officer to whom the form is to be returned. (2) A direction that the form be mailed to

Code of Civil Procedure - CCP - CCP § 706.127

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 706.127

(a) The Judicial Council shall prepare “employer’s instructions” for employers and revise or supplement these instructions to reflect changes in the law or rules regulating the withholding of earnings. (b) Except to the extent that they are included in the forms required to be pr

Code of Civil Procedure - CCP - CCP § 706.128

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 706.128

The “judgment creditor’s notice of opposition to the claim of exemption” shall be executed under oath and shall include all of the following: (a) The name, last known address, and, if known, the social security number of the judgment debtor. (b) The name and address of the judgme

Code of Civil Procedure - CCP - CCP § 706.129

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 706.129

The levying officer shall have copies of the forms for the “judgment debtor’s claim of exemption” and “judgment debtor’s financial statement” available at the levying officer’s office for distribution without charge to a person who desires to make a claim of exemption under Secti

Code of Civil Procedure - CCP - CCP § 706.151

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 706.151

The Judicial Council may perform all acts required by the Administrator of the Wage and Hour Division of the United States Department of Labor as conditions to exemption of this state from the earnings garnishment provisions of the Consumer Credit Protection Act of 1968 (15 U.S.C

Code of Civil Procedure - CCP - CCP § 706.152

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 706.152

If an employer withholds earnings pursuant to this chapter and, with the intent to defraud either the judgment creditor or the judgment debtor, fails to pay such withheld earnings over to the levying officer, the employer is guilty of a misdemeanor.

Code of Civil Procedure - CCP - CCP § 706.153

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 706.153

(a) No employer shall defer or accelerate any payment of earnings to an employee with the intent to defeat or diminish the judgment creditor’s rights under an earnings withholding order issued pursuant to the procedures provided by this chapter. (b) If an employer violates this s

Code of Civil Procedure - CCP - CCP § 706.154

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 706.154

(a) If an employer fails to withhold or to pay over the amount the employer is required to withhold and pay over pursuant to this chapter, the judgment creditor may bring a civil action against the employer to recover such amount. The remedy provided by this subdivision is not ex

Code of Civil Procedure - CCP - CCP § 708.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 708.010

(a) Except as provided in this section and in subdivision (b) of Section 708.020, the procedure in this article may be used at any time a money judgment is enforceable. (b) If enforcement of the judgment is stayed on appeal by the giving of a sufficient undertaking under Chapter

Code of Civil Procedure - CCP - CCP § 708.020

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 708.020

(a) The judgment creditor may propound written interrogatories to the judgment debtor, in the manner provided in Chapter 13 (commencing with Section 2030.010) of Title 4 of Part 4, requesting information to aid in enforcement of the money judgment. The judgment debtor shall answe

Code of Civil Procedure - CCP - CCP § 708.030

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 708.030

(a) The judgment creditor may demand that any judgment debtor produce and permit the party making the demand, or someone acting on that party’s behalf, to inspect and to copy a document that is in the possession, custody, or control of the party on whom the demand is made in the

Code of Civil Procedure - CCP - CCP § 708.110

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 708.110

(a) The judgment creditor may apply to the proper court for an order requiring the judgment debtor to appear before the court, or before a referee appointed by the court, at a time and place specified in the order, to furnish information to aid in enforcement of the money judgmen

Code of Civil Procedure - CCP - CCP § 708.111

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 708.111

(a) This section applies to an application pursuant to Section 708.110 by a judgment creditor with a judgment concerning a consumer debt awarded on or after January 1, 2025. (b) “Consumer debt” as used in this Section means any obligation or alleged obligation of a consumer to pa

Code of Civil Procedure - CCP - CCP § 708.120

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 708.120

(a) Upon ex parte application by a judgment creditor who has a money judgment and proof by the judgment creditor by affidavit or otherwise to the satisfaction of the proper court that a third person has possession or control of property in which the judgment debtor has an interes