How to garnish wages on a California judgment

The clerk issues a writ of execution for the county where the money is. It states the judgment total, the costs added after judgment, the credits paid, and the interest that has accrued at ten percent simple per year under Code Civ. Proc. § 685.010.

The writ is good for 180 days from the day the clerk issues it. If the sheriff has not collected by then, it is returned and you request a new one.

You give the sheriff or marshal the writ, the application for an earnings withholding order, and the employer's name and address. The levying officer serves the employer, and the employer starts withholding from the next pay period.

You do not serve the employer yourself. A garnishment served by the creditor instead of the levying officer does not bind anyone.

The general ceiling is the lesser of 25 percent of disposable earnings or the amount above 40 times the state minimum wage, whichever is smaller. Support orders and tax debts follow different, higher limits.

The debtor can file a claim of exemption showing the withholding leaves them unable to cover basic living costs. Courts grant those, particularly at low incomes, so expect a hearing to be possible rather than a surprise.

Social Security, SSI, most public benefits, unemployment, and workers' compensation are exempt, and money stays exempt after it lands in a bank account if it can be traced.

Independent contractors have no wages to garnish. For a 1099 debtor the tool is a bank levy or a lien, not WG-001.

A California money judgment is enforceable for ten years from entry under Code Civ. Proc. § 683.020. Renew it before that day or it dies, and a dead judgment cannot be revived.