Code of Civil Procedure - CCP - CCP § 706.022

Summary

(a) A judgment creditor shall not enforce an earnings withholding order beyond the period of enforceability as defined in Section 683.020 or, if renewed, as provided for in subdivision (c) of Section 683.120. As used in this section, “withholding period” means the period which co

Text

(a)
A judgment creditor shall not enforce an earnings withholding order beyond the period of enforceability as defined in Section 683.020 or, if renewed, as provided for in subdivision (c) of Section 683.120. As used in this section, “withholding period” means the period which commences on the 30th day after service of an earnings withholding order upon the judgment debtor’s employer. If a claim of exemption is filed with the levying officer, and the employer is given actual notice before the close of business on the 29th day after the service of the earnings withholding order on the judgment debtor’s employer, the withholding period commences on the 45th day after service of the earnings withholding order on the judgment debtor’s employer. The withholding period shall continue until the earliest of the following dates:
(1)
The date the employer has withheld the full amount required to satisfy the order.
(2)
The date of termination specified in a court order served on the employer.
(3)
The date of termination specified in a notice of termination served on the employer by the levying officer.
(4)
The date of termination of a dormant or suspended earnings withholding order as determined pursuant to Section 706.032.
(b)
Except as otherwise provided by statute, an employer shall withhold the amounts required by an earnings withholding order from all earnings of the employee payable for any pay period of the employee which ends during the withholding period.
(c)
An employer is not liable for any amounts withheld and paid over to the levying officer pursuant to an earnings withholding order prior to service upon the employer pursuant to paragraph (2) or (3) of subdivision (a).

Retrieval chunks

• #1 | Code of Civil Procedure - CCP - CCP § 706.022

  (a) A judgment creditor shall not enforce an earnings withholding order beyond the period of enforceability as defined in Section 683.020 or, if renewed, as provided for in subdivision (c) of Section 683.120. As used in this section, “withholding period” means the period which commences on the 30th day after service …