Laws on Multiple Garnishments in California

If you owe money to a creditor and are a resident of California, your income may be subject to garnishment. This means your paycheck or bank account, or both, could be garnished. If you owe more than one debtor, your income can be garnished by more than one garnishment order as long as the total amount garnished does not exceed the maximum allowable under federal and state laws.

Garnishment Procedure

Before anyone can garnish your bank account or your wages, they must first obtain a court order to do so in most cases. The only exception to the general rule requiring a court order is for some federal debts, such as taxes or student loans. The federal government can garnish a bank account or wages without going to court first. For all other creditors, they must first file a lawsuit against you in the appropriate court and obtain a monetary judgment against you. A judgment is a legal determination that you owe money to the creditor. The creditor may then execute on the judgment by using any legal means allowable under California state law, including garnishment.

Multiple Garnishments

Under California law, multiple garnishments are allowed as long as the restrictions on garnishment are followed. California basically follows federal law. The federal government sets the minimum protection for garnishment with some states providing additional protection for residents. Under federal law, up to 25 percent of your disposable wages each week or the amount above 30 times the current federal minimum wage, whichever is less, may be garnished for most debts. California follows this rule.

Exceptions to Restrictions

There are situations in which an amount above 25 percent of your disposable wages or 30 times the minimum wage can be garnished in California. If the garnishment is for a support order, your wages are subject to additional garnishment amounts. Up to one-half of your earnings each week can be garnished when the garnishment includes a support order. Bankruptcy orders and state or federal taxes can also increase the maximum amount subject to garnishment to 50 percent.

Exemptions

California does allow a general exemption to garnishment. If you can show that your earnings are necessary to support you or your family, then you may qualify for an exemption. The exemption, however, does not apply if the debt was incurred for the common necessities of life, was incurred by an employee or is a family support or tax debt. In addition, under federal law, some federal benefits such as Social Security and Veteran's benefits are not subject to garnishment except for support, federal debts and some victim restitution orders.