How Long Is a Judgment Good for California Wage Garnishments?

Neglecting to make timely payments toward your debt can have serious consequences -- if you are a California resident and default on credit cars, installment loan or debt payments, the creditor can obtain a judgment against you and garnish your wages. Wage garnishment reduces your take-home pay before you ever see your paycheck. California law governs the time during which a judgment creditor may garnish wages.

Time Limits

In California, a money judgment is valid for 10 years. This means that, during the 10-year period after the court awards a judgment against you to your creditor, the creditor may force your employer to withhold a portion of your income to pay toward your judgment debt. The garnishment can continue until the debt has satisfied or the 10-year period has expired.

Renewal of Judgment

Although California law limits a valid judgment, and wage garnishment permitted under the judgment, to 10 years, it also permits a creditor to renew a judgment during the last year. Any time during the 10th year after the court award the judgment, the creditor can apply to the court that issued the judgment for a renewal if you have not satisfied your debt. A renewal gives the creditor an additional 10 years to collect from you through wage garnishment. California permits successive renewals, allowing the creditor to continue renewing the judgment until you pay it off or die.

Monetary Limits

California follows federal law limiting the amount of money that a creditor may garnish from your wages. A judgment creditor may garnish up to 25 percent of your earnings after tax deductions, or the amount you earn weekly that exceeds 30 times the federal minimum wage, whichever is less. For example, if you earn $500 per week after taxes, your creditor can take $125 per week to apply toward your judgment debt. This weekly garnishment would continue until you have fulfilled your debt obligation, or for 10 years if the creditor fails to renew the judgment.

Considerations

Although a judgment creditor can garnish wage earnings, it cannot garnish certain other types of income, such as disability or Social Security payments. However, because California is a community property state, you and your spouse own the debt if you accumulated the debt after marriage. This means that the creditor can garnish not only your wages, but your spouse's wages, subject to time and monetary limitations.