California Wage Garnishment: Rules, Limits & Creditor Strategy

25%Max garnishment — CA disposable earnings limit

CCP §706Earnings Withholding Order — served on employer

10% p.a.Post-judgment interest — CA Constitution Art.XV

California Wage Garnishment: The Rules, the Limits, and the Strategy

25%Disposable earnings capOr 40× minimum wage threshold — whichever is lower

EWOEarnings Withholding OrderCCP §706.010 via employer — served by sheriff

Bank levyCCP §700.140Faster than wage garnishment for lump sums

Debtor ExamCCP §708.110Verify employment + disclose assets under oath

PriorityChild support firstCivil EWO queued after support orders

Enforcement strategy

1

Employment verification first

Before filing an EWO, verify employment via Judgment Debtor Examination (CCP §708.110). Debtor must disclose employer, address, bank accounts, income, and assets under oath. Failure to appear = bench warrant. Alternative: information subpoena (CCP §708.120) to third parties.

2

Issue Earnings Withholding Order

File application with court → court issues EWO → serve on employer via sheriff. Employer withholds per pay period. Maximum: lesser of 25% of disposable earnings OR amount over 40× state minimum wage ($16/hr 2024 = $640/week threshold). Employer remits to levying officer.

3

Combine with bank levy

Bank levy (CCP §700.140): writ of execution → sheriff levies debtor’s bank accounts → captures available funds immediately. Use alongside EWO: levy captures lump sum, EWO provides ongoing stream. Check for prior support orders — they take priority. 10% annual interest compounds on unpaid balance.

A single EWO can only be active at a time. A debtor with an existing child support order may have their wages fully committed. Bank levy is often the faster path to recovery — check where the debtor banks using the Judgment Debtor Examination before choosing enforcement route.

California enforcement options compared

MethodAdvantageSpeed

Earnings Withholding Order (CCP §706)

Ongoing recovery

25% per pay period. Requires employment verified. One active EWO at a time.

2–4 weeks to start

Bank levy (CCP §700.140)

Immediate lump sum

Writ of execution → sheriff levies all accounts. Fastest path if bank known.

Days

Real property lien (CCP §697.310)

Long-term pressure

Records on all county real estate. 10 years. Must be satisfied before sale/refi.

Immediate recording

Judgment Debtor Exam (CCP §708.110)

Asset intelligence

Compels full asset disclosure under oath. Bench warrant if no-show.

30–60 days

Wage garnishment priority conflict

Child support blocks

Civil EWO queued behind child support and tax levies. Verify priority first.

Delayed

Can a debt collector garnish wages in California?

Yes, post-judgment only. Maximum: lesser of 25% disposable earnings or amount over 40× state minimum wage. Process: obtain judgment → verify employment (Debtor Exam CCP §708.110) → file for EWO (CCP §706.010) → serve on employer. Bank levy (CCP §700.140) often faster. Exemptions: Social Security, disability, public assistance. Priority: child support and taxes first.